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MARCH 27, 2007 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MA YOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District.4 WILLIAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER" Centerville - District I BARBARA M. HENLEY, Prmcess Anne - District 7 REBA S McCLANAN, Rose Hall - DIstrict 3 JOHN E. UHRIN, Beach District 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD. Lynnhaven -District 5 CITY COUNCIL AGENDA CfTY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L LILLEY CITY CLERK - RUTH HODGES FRASER, MMC 27 MARCH 2007 I. CITY MANAGER'S BRIEFING A. EMERGENCY REPSONSE SYSTEM (ERS) Charles W. Meyer, Chief Operating Officer II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. INFORMAL SESSION A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com - Conference Room - 2:00 PM - Conference Room - 3:30 PM V. FORMAL SESSION - Council Chamber - 6:00 PM D. CALL TO ORDER - Mayor Meyera E. Obemdorf E. INVOCATION: Father James C. Griffin Pastor, Saint Mark's Catholic Church F. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA G. ELECTRONIC ROLL CALL OF CITY COUNCIL H. CERTIFICATION OF CLOSED SESSION I. MINUTES 1. INFORMAL and FORMAL SESSIONS March 13, 2007 1. AGENDA FOR FORMAL SESSION K. PUBLIC HEARINGS 1. LEASE OF CITY-OWNED PROPERTY a. Rosemont Commerce Center b. 3rd Street and Atlantic Avenue 1. PRESENTATION 1. FY 2007-2008 RESOURCE MANAGEMENT PLAN (Proposed Budget) Catheryn Whitesell, Director, Management Services M. CONSENT AGENDA N. RESOLUTIONS/ORDINANCES 1. Resolution to DIRECT the City Manager to prepare the City's Annual Budget based upon limited growth in real estate tax revenues (requested by Council Members DeSteph and McClanan) 2. Resolution to RENEW annual EMS permits for area private and non-profit organizations: a. Lifeline Ambulance Service, Inc. b. Life Evac of Virginia 3. Ordinance to AUTHORIZE the Virginia Beach Development Authority to enter into an agreement with the Virginia Beach Golf Club, LLC, for the management and operation of the VIRGINIA BEACH NATIONAL GOLF COURSE (formerly TPC) in Virginia Beach, Virginia. 4. Ordinance to AUTHORIZE the City Manager to execute a lease of City-owned property with DOLPHIN RUN CONDOMINIUM ASSOCIATION at 3rd Street and Atlantic Avenue re area for overflow parking DISTRICT 6 - BEACH 5. Ordinance to AUTHORIZE a temporary encroachment into a portion of City property for RUDEE INLET OWNERS' ASSOCIATION, INC. (AKA RUDEE INLET CONDOMINIUM, a condominium) to construct and maintain boat lifts, piers, a bulkhead, mooring piles and a walkway into a portion of City property known as Lake Rudee. DISTRICT 6 -BEACH 6. Ordinance to REVISE the time limit for individual speakers during Public Comment Session from three (3) minutes to five (5) minutes. 7. Ordinances to ACCEPT and APPROPRIATE: a. $90,000 from the Fund Balance of the General Fund to provide an interest-free loan to the Ocean a Volunteer Fire Department re the purchase of a new salvage truck b. $3,000 donated by the GEICO Philanthropic Foundation to the Police Department FY 2006-07 Operating Budget; and ACCEPT a $3,000 donation each year thereafter for two (2) years re the "Every 15 Minutes" teen educational program O. PLANNING 1. Applications of SALT MEADOW BAY, L.L.c., re a multifamily structure with eight (8) units at Oakland Avenue and Barberton Drive: DISTRICT 6 - BEACH a. Discontinuance, closure and abandonment of an unimproved portion of Oakland A venue to incorporate the land into the adjoining parcels b. Change of Zoning District Classification from R -7.5 Residential District to Conditional A-12 Apartment District RECOMMENDA TION APPROV AL 2. Variances re the creation ofa lot for a single-family home at 1428 Campbells Landing Road: DISTRICT 7 - PRINCESS ANNE a. S5(b) of the Site Plan Ordinance that requires all newly created lots meet the requirements of the Floodplain Regulations for THEODORE E. THIEMAN b. S4.4(d) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for JESSICA XENAKIS and JEREMY DAUGHTRY STAFF RECOMMENDATION PLANNING COMMISSION RECOMMENDATION DENIAL APPROV AL 3. Applications re gasoline sales with a convenience store at Nimmo Parkway and Princess Anne Road: DISTRICT 7 - PRINCESS ANNE a. ARMADA/HOFFLER COMMERCE ASSOCIATES, L.P. for a Modification of Proffers to reconfigure the parcels for a Conditional Change of Zoning (approved on June 8, 2004) b. W A W A, INC. for a Conditional Use Permit for gasoline sales with a convenience store RECOMMENDATION APPROV AL with the Elimination of certain text in Proffer 3 4. Application of DAVID PARKER for a Conditional Use Permit re a bulk storage yard at 1228 Jensen Drive. DISTRICT 6 - BEACH RECOMMENDATION APPROV AL 5. Applications of VALUE PLACE REAL ESTATE SERVICES, LLC, at 1357 Diamond Springs Road DISTRICT 4 - BA YSIDE a. Modification of Proffers to allow a change of use from an office/warehouse facility to development of a hotel (Conditional Change of Zoning approved on February 28, 2006) b. Conditional Use Permit: l21-unit limited service hotel DEFERRED RECOMMENDATION March 13,2007 APPROVAL P. APPOINTMENTS HEALTH SERVICES ADVISORY BOARD Q. UNFINISHED BUSINESS R. NEW BUSINESS S. ADJOURNMENT TOWN HALL MEETINGS April 17 September 18 November 20 Location To Be Announced -7:15 pm Location To Be Announced -7:15 pm Location To Be Announced -7:15 pm CITY COUNCIL BIENNIAL RESOURCE MANAGEMENT WORKSHOP SCHEDULE April 10 (Workshop) April 17 (Workshop) April 19 (Public Hearing) April 24 (Workshop) April 24 (Public Hearing) May 1 (Workshop) May 8 (Reconciliation Workshop) May 15 (Adoption) Council Conference Room Council Conference Room Bayside High School at 6:00 p.m. Council Conference Room Council Chamber at 6:00 p.m. Council Conference Room Council Conference Room Council Chamber at 6:00 p.m. ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** Agenda 03/20/2007mb www.vbgov.com - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 27 March 2007 Mayor Meyera E Oberndorf called to order the City Manager's Briefing re EMERGENCY RESPONSE SYSTEM (ERS) in the City Council Conference Room, City Hall, on Tuesday, March 27,2007, at 2:00 P.M Council Members Present: William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Harry E. Diezel [Entered: 3:15 P.M) - attending City business meeting Ron A. Villanueva [Entered: FORMAL SESSION 6:00 P.M - returning from business trip to Washington, D.C.) March 27, 2007 - 2 - C IT Y MANA G E R 'S B R IE FIN G EMERGENCY RESPONSE SYSTEM (ERS) 2:00 P.M. ITEM # 56212 Charles W Meyer, Chief Operating Officer, advised the Emergency Response System includes all Emergency Medical Response: Police Officers, Fire Fighters (many times the first responders with advanced life support), Communications Officers, Defibrillator Teams, Rescue Squads and Hospitals. Mr. Meyer described an incident, which recently occurred, illustrating the Emergency Response System (ERS). On March 12, 2007, at 8:06 P.M, Virginia Beach 911 received an emergency request re a residential house fire in Kempsville, with an occupant reported "trapped inside". Fire, Emergency Medical Services responded at 8:07 P.M, upon arrival at 8: 11 P.M, Engine Company 19 reported heavy fire coming from the rear of the structure. The Captain and three (3) firefighters quickly entered the structure and searchedfor the trapped occupant. At 8:15 P.M, Engine Company 19's crew had located and rescued the occupant from the burning house. The total time from dispatch until CPR being performed was nine (9) minutes. The victim, a 51-year old male, was in "respiratory arrest" and suffering smoke inhalation. Fire paramedics commenced treating the victim until Emergence Medical Services arrived at 8:23 P.M Fire and Emergency Medical Services personnel administered advanced life support techniques and transported him to the Burn Trauma Center at Sentara Norfolk General Hospital. Other members of the family were treated for burns, smoke inhalation and also transported to Sentara Lee General Hospital, where they were later released. Because of the organization of this system, the City is able to bring together all these resources to produce an effective and timely response. Mr. Meyer discussed the Emergency Response System staffing and response times. Chief Bruce W Edwards, Director of Emergency Medical Services, discussed ambulance staffing goals The ERS Team has tackled a number of projects over the past 3 years. Mr. Meyer advised focusing on the City's top three (3) initiatives. The Fire Department is often the "first on the scene". Originally, a goal had been establishedfor ten (10) engine companies available for responding on Advanced Life Support Level at all times. Fire Advanced Life Support Staffing · Outcomes - Goal = 10 or more units 90% of the time - Actual = 10 units 86.5% of the time - 63 Advanced Life Support (ALS) Providers now; 21 in training should bring us well over goal Emergency Medical Services Staffing . Emergency Medical Services (EMS) Outcomes - Goal = 8 or more ambulances 100% of the time - Actual = 9 or more ambulances 87% of the time · Volunteer Staffing - 85% of ambulance staffing provided by Volunteers - 62 Volunteer EMT Students currently in training March 27, 2007 - 3 - C IT Y MANA G E R 'S B R IE FIN G EMERGENCY RESPONSE SYSTEM (ERS) ITEM # 56212 (Continued) Some of the career staff were hired specifically to support ambulance staffing. Most augmentation occurs during the daytime, but career members also help out during evening hours. The first career Medics hired were placed in the zone cars enabling them to be first responders, The second group of career Medics hired were placed directly into the ambulances. Response Time Comparison Demand vs. Ambulance Response Time 40 35 30 25 -------------'..------ 20 15 10 5 o ~ A- ~ A-- L ----~---,---~ ~ . . 2002 2003 2004 2005 2006 -+-Ambulance Response Time (minutes) ..... EMS Call Demand (1,000 calls) The EMS Call Demand is depicted as the top line on the chart. This chart depicts a significant success. Mr. Meyer advised continued improvements are being made to the street addressing system. An advanced map book is now being utilized. A Global Positioning System (GPS) is now being tested on a trial basis and a review of metrics and data management and "peak" EMS staffing to maximize efficiency is being conducted. Response Times Defined . Four intervals are measured starting with the initial 911 call: - 911 call received to call entry (E-9-1-1) - Call entry to dispatch (E-9-1-1) - Dispatch to en route (Fire & EMS) - En route to on Scene (Fire & EMS) Reporting 90% achievement, not averages Emergency Communications Call Processing Time · Call Receipt to Entry 90% Goal = <2 min 90 %Actual = 2:19 min · Call Entry to Dispatch 90% Goal = <1:30 min 90% Actual = 1:28 min March 27, 2007 - 4 - C IT Y MANA G E R 'S B R IE FIN G EMERGENCY RESPONSE SYSTEM (ERS) ITEM # 56212 (Continued) Fire Response Times . Dispatch to En Route (Turnout) 90% Goal = <2 minutes 90% Actual = 2:28 . En Route to On Scene (Travel) 90% Goal = <5:00 minutes 90% Actual = 7:01 Ambulance Response Times . Dispatch to En Route (Turnout) 90% Goal = <2 min 90% Actual = 2:20 min . En Route to On Scene (Travel) 90% Goal = <10 min 90% Actual = 12:45 min First Medical Help to Arrive (Priority 1 Incidents) Response time (from 911 call to help arrives) - 90% Goal = 10:30 min - 90% Actual = 11:17 min · Who arrivedfirst? - Fire engine, ladder or squad truck = 54.1% - EMS ambulance or zone car = 45.2% Police Officers and First Response . Police officers respond to assist on numerous EMS and Fire incidents, often arriving ahead of medical providers. The first AED to arrive on 15% of all cardiac arrest incidents in 2006 (39 cases). All officers are trained in CPR and first aid The Emergency Response System established 90% as the highest standard of accomplishment. March 27, 2007 - 5 - C IT Y MANA G E R 'S B R IE FIN G EMERGENCY RESPONSE SYSTEM (ERS) ITEM # 56212 (Continued) Concerning geographic locations of Advanced Life Support providers, on the Bayfront and Shore Drive, a decision was made to have Advanced Life Support Coverage and an ambulance there at all times. The Thalia and Plaza Fire Stations were designated as two (2) ALS providers supporting the Little Neck area. Ocean Park will move into the new First Landing Fire Station. Cost per ambulance transport shall be provided. Gwen Cowart - Director of Communications and Information Technology, advised the Automatic Vehicle Locator (A VL) is now being implemented. The Global Positioning System (GPS) devices will be placed and coordinated with this A VL locator in all the public safety vehicles and that information will be carried back as data to the 911 Dispatch Center and will depict the physical locations of all those vehicles on maps in every station in the Center. Thus, providing a verification of the closest vehicle to dispatch. At the present time, one must reply on the dispatcher's memory. Currently, funds are not available for this additional phase. Mr. Meyer advised, at Council Lady Wilson's suggestion, a GPS experiment was implemented, placed in the ambulances and provided to Police and Fire. The conclusion determined that updated and accurate map books currently are a better solution. Chief Gregory Cade, Fire, advised the dilemma with an emergency response is the particular GPS experimental units cost approximately $1,000 each and could not refresh fast enough to properly advise turns and provide accurate directions. These nine (9) GPS experimental systems are being utilized in other vehicles or used outside the City. Mayor Oberndorf advised traffic is not properly responding to the Emergency vehicles "siren ". Traffic remains steady. Not everyone has the house numbers properly displayed, which makes it very difficult for emergency vehicles. Proper display of an address is enforced by the City Code. Councilman Uhrin suggested placing information in the City Page re proper display. Mr. Meyer advised the message concerning proper traffic response to an emergency vehicle could also be stated. Chief Bruce Edwards, Director - Emergency Medical Services, referenced the issue concerning an adequate number of ambulances required for the City of Virginia Beach. Chief Edwards cited the objectives, · Define current reality and lack of a national standard Present and compare alternative models · Provide best recommendation for Virginia Beach Division Chief Edward Brazle described the Ambulance Staffing Goals: Current Reality . Baseline staffing level is at least 8 (eight) ambulances (across specific stations) Call demands per ambulance are very high Travel times are often prolonged At baseline, Virginia Beach has the lowest number of ambulances staffed by population in Hampton Roads . March 27, 2007 - 6 - C IT Y MANA G E R 'S B R IE FIN G EMERGENCY RESPONSE SYSTEM (ERS) ITEM # 56212 (Continued) Quest for a Standard · No national standard for ambulance staffing exists. . From the experts -- Localities must set their own goals based on an assessment of population, geography, demands, performance and resources. Models Considered 1) Use existing resources 2) Regional comparison 3) Population 4) Individual ambulance call volume 5) Unit hour utilization 6) Response times 7) Peak demand or "no calls holding" Models Compared How many would we need? 1) Current = 9-10 typical 2) Regional = 11-12 (20 ifper capita based) 3) Population = 12 (1135k) -18 (1125k) 4) Demand = 10-11 (<3.5k/yr) 5) 14-15 (<2.5k/yr) 6) UHU= 10 (45%) -17 (25%) 7) Response Times = 12-14 8) Peak Demand = 12-14 How did Virginia Beachflt? No model was found to support our baseline level of 8 ambulances. . Call volumes and Unit Utilization at 113 of stations are considered unacceptably high. At least two more stations are nearing the unacceptable threshold. . Current staffing level cannot not provide shorter response times. Common Themes from the Models 1) Keep calls per ambulance below 3,0001yr (12-13 units required) 2) Keep unit hour utilization (UHU) below 40% (12-17 units required) 3) Consider population (12-15 units required) 4) Consider rural/low volume areas separately March 27, 2007 - 7 - CITY MANA GER <S BRIEFING EMERGENCY RESPONSE SYSTEM (ERS) ITEM # 56212 (Continued) Chief Edwards extended appreciation, on behalf of the Emergency Response System Executive Committee for Division Chief Brazle 's dedicated efforts concerning these goals. Recommendations 1) Adopt a demand-based standard of one (1) ambulance for every 3,000 calls (target level of twelve (12) staffed ambulances) 2) Consider a limited augmentation model to support Advanced Life Support (ALS) coverage in the Sandbridge area Information will be provided concerning the sustained number of volunteers and annual cost of overtime re the Emergency Response System. Chief Edwards referenced the launching of a partnership with Virginia Beach Rescue Squad Foundation. A campaign will run from now to Summer to recruit volunteers. Because of an article appearing in several issues of The Beacon, the number of Emergency Medical Technicians (EMT) students was doubled. Chief Edwards advised there are no new authorized positions in the FY 2008 Operating Budget. Volunteers must be utilized. Chief Edwards advised the City of Norfolk rotates "12 on and 12" off as the firefighters have been crossed trained, therefore still maintaining a 24-hour shift. Virginia Beach has maintained the 12 hour rule. Information shall be provided re reviewing the 24-hour shift, if approved by the Medical Director. Councilman Wood advised the overtime funds might be better utilized in hiring more individuals. Concern was expressed re the age of the ambulance drivers as well as the City's liability. Information shall be provided March 27, 2007 - 8 - CITY COUNCIL COMMENTS 3:28 P.M. ITEM # 56213 Mayor Oberndorf expressed appreciation for the successful Rescue Squad fundraiser (Oyster Roast) , Sunday, March 25,2007, at the Convention Center. Mayor Oberndorfthanked all who attended. ITEM # 56214 Councilman Dyer referenced the twenty-one percent (21%) average increase in Real Estate assessments. The City must "come to grips with reality ". A focused effort must be made to reduce the City's dependence on real estate taxes as a primary revenue source. Councilman Dyer distributed a DRAFT of a Proposed Concept: Establish a Task Force charged with research means and methods re: Reducing the City's Dependence on the Real Estate Tax as a Revenue Source Subcommittees Local Tax/Free Structures Local Spending Goal: to study the City's revenue sources and taxing structure and recommend alternative tax andfeefunding sources designed specifically to reduce the City's dependency on real estate tax revenues Goal: The development of spending policies and strategies supported and defined by spending ratios and measures that guide and! or control spending within sustainable levels This "BLUE-RIBBON" Task Force shall be comprised of two (2) Council Members, three (3) business leaders, three (3) members of the Council of Civic Organizations, one (1) retired citizen member plus a Chairperson selected by the City Council with leadership ,skills and knowledge of local government. The Task Force would commence June 1, 2007, and conclude the study on November 30, 2007. The City Manager, City Attorney and their staffs shall be available to the Task Force to provide research, data and guidance, as requested. Councilman Dyer discussed the concept with Attorney General Robert F. McDonnell, who concurred and advised his willingness to supply his staff support. Councilman DeSteph concurred re the involvement of the State Legislators and more than one (1) retired citizen should compose the membership. Council Lady Wilson advised Attorney General McDonnell's participation will be beneficial as he had assisted with the JLARC Study re taxation in Virginia. Council Lady Wilson requested a copy of the JLARC Study be provided to this Task Force. March 27, 2007 - 9 - CITY COUNCIL COMMENTS ITEM # 56214 (Continued) Council Lady Henley concurred with the Task Force and ideas to shift from the real estate tax as the primary source of the City's revenue at the local level. Council Lady McClanan distributed articles from the Richmond-Times-Dispatch, Commentary Section entitled "Assessments from a Locality's Perspective" and Back Fence Section entitled "Citizens of Commonwealth Need Real-Estate Tax Reform ", Sunday, March 18, 2007. Said information is hereby made a part of the record. Ernie Brown, the Author of the lead article, is Chairman of the Board of the Bank of Richmond. He has served on numerous boards and commissions, having been appointed by former Mayor Tim Kaine or current Mayor L. Douglas Wilder to the Commission for Re-Engineering Richmond City Government, the Mayor's Advisory Cabinet, the Richmond Procurement Review Committee, and the Richmond Development and Construction Review Commission. "The inherent unfairness of limitless real-estate tax assessments and resultant tax increases have been brought about by real-estate values that have increased in recent years by a factor three to four times greater than the annual rate of inflations, or the Consumer Price Index (CPl). " "In Richmond, the Budget proposes a 4t reduction in the real estate tax rate; however, because of newly raised assessments, the City would net an approximate tax increase of around $20-MILLION. Only in government can a decrease be an actual increase". Councilman Diezel referenced meeting with a Muscular Dystrophy group this morning who did end up speaking concerning the real estate tax issue. In some cases, individuals are selling their property below the assessed value. One of the members of the group suggested suspending this year's tax assessment and revert back to last year's at the same tax rate. Councilman Diezel inquired, under the Dillon rule, would this concept be legal. Councilman Diezel requested information re this concept. Mayor Oberndorfreferenced correspondence dated March 27, 2007, from Daniel D. Edwards, Chairman _ Virginia Beach School Board, re limiting the City//School budget to documented inflation. Mayor Oberndorf advised Virginia Beach has the lowest tax rate of all the Hampton Roads cities and does not charge separate fees for garbage collection. Mayor Oberndorf inquired can the real estate taxes be frozen to last year's assessments and last year's real estate tax rate? The City Attorney advised the real estate tax revenue can be set at any amount City Council desires, by adjusting the rate. Council Lady Henley referenced information be provided re the compensation of the average schoollcily employee. Councilman DeSteph advised this information is available. Associate City Attorney who had provided information re School Employees Salaries to Councilman DeSteph. Said information is hereby made a part of the record. Vice Mayor Jones advised the Hampton Roads Planning District Commission (HRPDC) maintains a current list of the compensation of the general population (job market overall). Councilman Diezel advised this information is available also in the City's Libraries. Councilman Dyer advised this concept was a team effort and requested the Resolution be drafted creating this Task Force to research means and methods re reducing the City's Dependence on the Real Estate Tax as a Revenue Source and schedule same for the City Council Session of April 3, 2007. March 27, 2007 - 10 - CITY COUNCIL COMMENTS ITEM # 56215 Council Lady Henley referenced the 400'h Anniversary Commemorations Events Virginia Beach/Jamestown 2007: March 29, 2007 7:00 P.M. March 30-June 18,2007 April 5, 2007 7:30P.M. April 26, 2007 First Performance: 9:00 A.M. - NOON Second Performance: 3:00 P.M. - 6:00 P.M April 27, 2007 8:00 A.M. - 3:00 P.M. April 28, 2007 10:00 A.M. - 5:00 P.M. April 29, 2007 3:00 P.M Magna Carta and Four Foundations of Freedom Celebration and Donor Dinner - Contemporary Art Center Magna Carta and Four Foundations, Public Dis la - Contem ora Art Center Lecture by Alfred J. Mapp, Jr. - "The Virginia Ex eriment", Vir inia Beach Central Libra - Reenactment of the First Landing, First Landing State Park.) Replicas of the Discovery, Godspeed and Susan Constant will anchor off First Landing State Park and a landing party will take a shallop to shore. (Limited seating - tickets urchased in advance Phone: 1-800-933-PARK Discovering Lynnhaven River 2007 - mainly at the Lesner Bridge - Reenactment of the colonists' ex loration 0 the L nnhaven Boardwalk History Festival, A festival ofmusic, food and history of the various cultures, groups and institutions that thrive in Virginia Beach a roximatel 162 exhibitors are artici atin . Erection of the Cross at Cape Henry (Somewhat limited because of access to Fort Story and securi Mayor Oberndorf advised the schools in Williamsburg, Yorktown and Jamestown are closing during the Commemoration Festival so their buses can be utilized toferry citizens back andforth. ITEM # 56216 Mayor Oberndorf announced House Bill 2128 - Billboard signs; adjustment or relocation of, was VETOED by Governor Kaine. TEM # 56217 Mayor Oberndorf referenced the City Council Retreat and discussion re the Virginia Beach Tomorrow Study in 1975. This was the Vision of the City within the next forty to fifty years. Dr. Joe Buchanan, Mary Reid Barrow, Judges and their wives and other prominent individuals had assisted in the development of this publication. Another vision should be developed. Mayor Oberndorf will be referencing the preparation of a Vision during her "State of the City" speech on Thursday, March 29. 2007, at the Hampton Roads Chamber of Commerce. March 27, 2007 - 11 - CITY COUNCIL COMMENTS ITEM # 56218 Mayor Oberndorf congratulated Channel 13 News Reporter, Joe Flanagan, re his impressive "virtual tour" of the Sandler Center for the Performing Arts. ITEM # 56219 Vice Mayor Jones referenced the Town Hall Meeting, Baylake Pines Church, Monday, March 26, 2007. Vice Mayor Jones and Councilman Wood were in attendance, as well as a large contingent of the City Staff. The City Attorney Leslie Lilley, Charlie Meyer, Chief Operating Officer, Karen Lasley - Zoning Administrator and Phillip Davenport - Interim Director - Public Works, were among those in attendance. The meeting was very well attended and Vic Mayor Jones wished to express appreciation for all the staff assistance. Vice Mayor Jones advised this meeting was requested by the Civic Leagues in this vicinity. ITEM # 56220 Councilman Uhrin advised the City Manager's daughter is now in labor (New York) with his first grandchild. ITEM # 56221 The Town Hall Meeting listed on the City Council Agendafor April 17, 2007, has been rescheduled to June 19, 2007. ITEM # 56222 Council Lady Henley advised her Town Hall Meeting is SCHEDULED for the Fourth Thursday of every month, 5:00 P.M - Building If/h, Municipal Center March 27, 2007 - 12 - AGE N DA REV IE W S E S ION 4:20 P.M ITEM # 56223 3. Ordinance to AUTHORIZE the Virginia Beach Development Authority to enter into an agreement with the Virginia Beach Golf Club, LLC, for the management and operation of the VIRGINIA BEACH NATIONAL GOLF COURSE (formerly TPC) in Virginia Beach, Virginia, The City Attorney distributed a REVISED Summary of Terms: Payments: (iv) For the first year of this Agreement (April], 2007 until March 3], 2008) (ApFH 1, 2()()7 until December 31,2(07), the Operations payment and the Capital Improvement payment shall be abated. David Hansen, Chief of Finance and Technology, advised there has been a series of negotiations with Virginia Beach Golf Club, LLC, who made the winning proposal. Through discussions, as the golf season had already commenced, Virginia Beach Golf Club, LLC has not had the opportunity to establish marketing, food and beverage are not in-place and the City is requesting them to commence business on April ], 2007. It was not in the company's best interest to forego a 5% gross Capital Improvement deposit in the first year. By not taking this Operations or Capital Improvement payment in the first year, any loss is underwritten. This golf course will not be below the standards of the Heron Ridge or West Neck Golf Courses (Tier III classification).. ITEM # 56224 BY CONSENSUS, the following shall compose the CONSENT AGENDA: K. RESOLUTIONS/ORDINANCES 2. Resolution to RENEW annual EMS permits for area private and non-profit organizations: a. Lifeline Ambulance Service, Inc. b. Life Evac of Virginia 3. Ordinance to AUTHORIZE the Virginia Beach Development Authority to enter into an agreement with the Virginia Beach Golf Club, LLC, for the management and operation of the VIRGINIA BEACH NATIONAL GOLF COURSE (formerly TPC) in Virginia Beach, Virginia. 4. Ordinance to AUTHORIZE the City Manager to execute a lease of City-owned property with DOLPHIN RUN CONDOMINIUM ASSOCIATION at 3,d Street and Atlantic Avenue re area for overflow parking DISTRICT 6 - BEACH March 27, 2007 - 13 - AGE N DA REV IE W S E S ION ITEM #56224 (Continued) 5. Ordinance to A UTHORlZE a temporary encroachment into a portion of City property for RUDEE INLET OWNERS' ASSOCIATION, INC. (AKA RUDEE INLET CONDOMINIUM, a condominium) to construct and maintain boat lifts, piers, a bulkhead, mooring piles and a walkway into a portion of City property known as Lake Rudee. DISTRICT 6 -BEACH 6. Ordinance to REVISE the time limit for individual speakers during Public Comment Sessions from three (3) minutes tofive (5) minutes. 7. Ordinances to ACCEPT and APPROPRIATE: a. $90,000 from the Fund Balance of the General Fund to provide an interest-free loan to the Oceana Volunteer Fire Department re the the purchase of a new salvage truck b. $3,000 donated by the GEICO Philanthropic Foundation to the Police Department FY 2006-07 Operating Budget; and ACCEPT a $3,000 donation each year thereafter for two (2) years re the "Every 15 Minutes" teen educational program Item K.3., will be ADOPTED, AS AMENDED, BY CONSENT Council Lady McClanan will ABSTAIN on Item K.4, as she is the owner of a Dolphin Run Condominium. March 27, 2007 - 14 - AGE N DA REV IE W S E S ION ITEM # 56225 BY CONSENSUS. the following items shall compose the PLANNING BY CONSENT Agenda: L. PLANNING 1. Applications of SALT MEADOW BAY, L.L.C., re a multifamily structure with eight (8) units at Oakland Avenue and Barberton Drive: DISTRICT 6 - BEACH a. Discontinuance. closure and abandonment of an unimproved portion of Oakland Avenue to incorporate the land into the adjoining parcels b. Change of Zoning District Classification from R-7.5 Residential District to Conditional A-I2 Apartment District 2. Variances re the creation of a lot for a single-family home at 1428 Campbells Landing Road: DISTRICT 7 - PRINCESS ANNE a. 95(b) of the Site Plan Ordinance that requires all newly created lots meet the requirements of the Floodplain Regulations for THEODORE E. THIEMAN b. 94.4(d) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for JESSIC A XENAKIS and JEREMY DAUGHTRY 4. Application of DA VID PARKER for a Conditional Use Permit re a bulk storage yard at 1228 Jensen Drive. DISTRICT 6 - BEACH 5. Applications of VALUE PLACE REAL ESTATE SERVICES, LLC, at 1357 Diamond Springs Road DISTRICT 4 - BA YSIDE a. Modification of Proffers to allow a change of use from an office/warehouse facility to development of a hotel (Conditional Change of Zoning approved on February 28. 2006) b. Conditional Use Permit;. I2I-unit limited service hotel Council Lady McClanan voted a Verbal Nay re Item L.I. (SALT MEADOW BAY, L.L.C.) Item L.5 (VALUE PLACE REAL ESTATE) shall be DEFERRED, BY CONSENT, until the City Council Session of May 22. 2007) March 27, 2007 - 15 - ITEM # 56226 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-3711(A), Code of Virginia, as amendedJor thefollowingpurpose: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities and Agencies PROSPECTIVE BUSINESS OR INDUSTRY: Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry ~ interest in locating in the community pursuant to Section 2.2-3711 (A)(5) PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.2-3711 (A)(3). Acquisition or lease of Property Princess Anne District/TPC Lynnhaven District Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION (4: 50 P.M.). Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva [Out of the City on Business - returningfrom Washington, D.C} (Closed Session: 5:03 P.M. - 5:40 P.M.) (Break: 4:55 P.M. - 5:03 P.M.) (Dinner: 5:40 P.M. - 5:50 P.M.) March 27, 2007 - 16 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL March 27, 2007 6:00 P.M. Mayor Meyer E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, March 27,207, at 6:00 P.M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, , Rosemary Wilson and James L. Wood Council Members Absent: Ron A. Villanueva [Entered the Formal Session - returning from business trip to Washington, D.C.] INVOCATION: Father James C. Griffin Pastor, Saint Mark's Catholic Church Mr. and Mrs. James K. Spore, (City Manager), announced the arrival of their first grandchild, a girl. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. March 27, 2007 - 17 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 56227 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Ron A. Villanueva Council Members Absent: None Councilman Villanueva ABSTAINED as he was returningfrom a business tip to Washington, D.C. and did not attend the Closed Session. March 27, 2007 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #56226, Page 15, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW; THEREFORE, BE IT RESOL VED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. uth Hodges Fraser, MMC City Clerk March 27, 2007 - 18 - Item V.F. MINUTES ITEM #56228 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of March 13, 2007. Voting: 10--0 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Harry E. Diezel Council Members Absent: None Councilman Diezel ABSTAINED as he was out of the City on business and did not attend the City Council Session of March 13, 2007. March 27, 2007 - 19 - Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM 56229 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION March 27, 2007 - 20 - Item V-H.a.b. PUBLIC HEARING ITEM #56230 Mayor Oberndorf DECLARED A PUBLIC HEARING: LEASE OF CITY-OWNED PROPERTY 1. Rosemont Commerce Center 2. 3rt Street and Atlantic Avenue Michael J Barrett, registered to speak, on Rosemont Commerce Center, but was advised; this item will be re-advertised and scheduledfor afuture City Council Session There being no other speakers, Mayor OberndorfCLOSED THE PUBLIC HEARING March 27, 2007 - 21 - Item V-L.1. PRESENTATION ITEM #56231 FY 2007-2008 RESOURCE MANAGEMENT PLAN (Proposed Budget) The City Manager extended appreciation to Catheryn Whitesell, Director - Management Services and her staff for compiling this document: FY 2007-2008 RESOURCE MANAGEMENT PLAN AMENDMENTS. These professionals are one of the hardest working groups, the City Manager has had the pleasure of being associated with. Thousands of hours are required to compile this document. Catheryn Whitesell, referenced CD's encompassing the Biennial Resource Management Plan Fiscal Years 2006-07 and 2007-08 Proposed Second Year Amendments and copies of the power point presentation available to the audience. Last May, the City adopted its first biennial budget. The first year's spending was established at $1. 64-BILLION and the second year at $1. 74-BILLION. The second year's appropriations were identified at the level required to continue existing services and programs. The second year's funding level increased 5.8% over the FY 2007 Budget. The amendments being proposed to the second year budget add less than 1%. With the Proposed budget, the overall increase from the current year to FY 2008 will be 6%. Biel1uial Budget Change Change FY 2007 FY 2008 Proposed FY 2008 from from Adjusted Approved Amendments Amended Approved FY 2007 Rg.Y_f:l!lll~~ Real Estate 5 463.6 5 528.9 5 (13.7) 5 515,2 .2.6% 11.1';{, Other Local Taxes 5 569.2 5 591.2 5 (12.8) 5 578.4 .2.2% 1.6~; State 5 485.5 5 488.3 5 29.5 5 517.8 6.0% 6.7% Federal 5 107.5 5 108.0 5 3.0 5 111.0 2.8.,; 3.3% Other Revenues 5 17.8 5 18.5 5 1.6 5 20.1 8.6% 12.9% Total Revenues: 5 1,643.6 5 1.734.9 5 7.6 5 1.742.5 0.4% 6.0% AIm.rQPf.iatiQJJ~ Personnel 5 1,027.3 5 1.089.1 5 1.3 5 1.090.4 0.1% 6.1% Operations 5 416.5 5 432.2 5 4.7 5 436.9 1.1% 4.9% CIP Pay. go 5 64.7 5 60.5 5 3.5 5 64.0 5.8% -1.1% City & School Debt Service S 135.1 S 153.1 5 (1.5) 5 151.6 .1.0% 12.2% Reduction to School Budget 5 5 (0.4) 5 (0.4) Total Appropriations: 5 l.643.6 5 1.734.9 5 7.6 5 1.742.5 0.4% 6.0% These amendments are needed to address several items that were either not known last May or which have become clearer since then. Key among the amendments is lowering the real estate tax rate from the current 99~ to the proposed rate of 9#. This six cent reduction is the fourth in as many years and maintains Virginia Beach as the regional leader in addressing rising real estate assessments March 27, 2007 - 22- Item V-I.I. PRESENTATION ITEM #56231 (Continued) FY 2007-2008 RESOURCE MANAGEMENT PLAN (Proposed Budget) This proposed decrease in the Real Estate Tax Rate has necessitated a slight reduction to the School Board Budget. This reduction of $5. 3-MILLION was split between the Virginia Beach Schools Operating Budget and Capital Budget. With the surplus of funding from the Sandbridge Tax Increment Financing (TIF), the City was able to offset the impact on the Virginia Beach Schools Capital Improvement Plan (CIP). However, the Virginia Beach School's Operating Budget was reduced $446,000. Dedicated real estate tax rates to the Agricultural Reserve Program, the Recreation Centers and the Outdoor Initaitve to reflect their ro ortionate share. Other Points on Real Estate Taxes . On average 4-6% of family income will go towards all local taxes. . In Virginia Beach, 5.3 cents of the real estate tax covers the cost of trash collection. In other cities, in addition to higher real estate tax rate, families have to pay a fee for this service. . Due to the Recreation Center Referendum, 3.5 cents of the real estate tax rate supports the operation of these facilities. A family of four would pay $122 in real estate taxes + $154 in membership fees. If charged on afee basis each family member would pay nearly $500 per year. Other Revenues . Changes to Personal Property Tax Rates: . Personal Boatsfrom $0.000001 per $100 to $1 .Recreational Vehiclesfrom $1.50 per $100 to $1 . Commercial Boatsfrom $1.50 per $100 to $1 .Airplanesfrom $1.50 per $100 to $1 . State revenues are up $29-MILLION predominately due to the shift of local telecommunications tax revenues to the State. March 27, 2007 - 23 - Item V-Ll. PRESENTATION ITEM #56231 (Continued) FY 2007-2008 RESOURCE MANAGEMENT PLAN (Proposed Budget) GASB 45 . Health Care Liability for current employees when they retire (based on current policy) . Estimated annual cost = $19-MILLION . First payment due June, 2008 (at the end of this budget) . Funding Citv Budget = $5.5-MILLION FY 06 Balance =$3.5 MILLION Total City = $9 MILLION Schools Budget = $4.5 MILLION FY 06 Balance = $4.5 MILLION Total Schools = $9 MILLION Relative Elderly and Disabled Tax Relief, City Council policy is to increase the program thresholds by existing assessment growth. Of the 18,000 elderly households, nearly 6,000 will be participating in tax relief for the elderly. Utility Costs . Electrical costs are going up 16% or $4.7-MILLION due to deregulation. The General Assembly took action to protect the residential customer, but not commercial. . Both City and Schools are undertaking energy audits through a performance contract where energy savings offset costs incurred for new equipment/renovations. March 27, 2007 - 24- Item V-L.l. PRESENTATION ITEM #56231 (Continued) FY 2007-2008 RESOURCE MANAGEMENT PLAN (Proposed Budget) 4.75 1.89 2.0 10.25 0.60 3.75 (0.98) 0.44 Compensation . Budget includes 3. 75% increases for instructional personnel and 5% for non-instructional as approved by the School Board. . City employees can expect a 1.5% general increase, a 2% merit, and compression adjustments. . City just completed a market survey and 196 titles will be adjusted 5% with employees receiving pay increases. . Both City and Schools are proposing an increase in the health care contribution from the current $5,225 to $5,750 on January First. Economic Development Projects in the Budget . Town Center .Assessment is 9% greater than the Citywide average .$3.1-MILLION in non-real estate tax revenues .Expenditures 100% covered by SSD & TIF . Lynnhaven Mall .Assessment is 2.6% greater than the Citywide average . $7-MILLION in non-real estate tax revenues . EDIP . $22. 7-MILLION invested at a cost of $511,000 New Staff New stafffor Human Services programs -100% offset by revenue Convention Center supportfor events -100% offset by revenue Sheriff's Central Booking Office 5 positions are addedfor the expansion of the Aquarium's exhibits and 5.25 are convertedfrom contracted manpower for the Historic Homes Treasurer's Office to improve collection of delinquent taxes -100% offset by revenue New stafffor Parks and Recreation -100% offset by revenue Reduction in Commissioner of Revenue's staffing due to reduced revenues from the DMV Select Program Volunteer Office to make a part-time position full time to continue to attract volunteers to City services March 27, 2007 - 25 - Item V-I..l. PRESENTATION ITEM #56231 (Continued) FY 2007-2008 RESOURCE MANA GEMENT PLAN (Proposed Budget) Capital Budget Change '1'0 Change FY 2007 FY 2008 Proposed F Y 2008 From From Adjusted Approved Amendments Amended Approved FY 2007 ~y~_u~~ Pay-as-you-go 61.2 609 S 34 S 64.3 5610 5.1% Bonds 824 82.2 S S 822 O.Oc,~ -02": lease Purchase 9.2 S S 00% 100.0% State 33.1 28.3 S 0.6 S 28,9 2,1"_ -121"':, Federal 0.3 S S OOC':, -1000": Fund Balance 57.5 ILl S 154 S 265 1387% -53,910 Total Revenues 243,7 182.5 S 19.4 S 201.9 10,6': -172,:, g"penditul_~_~ Schools S 68.5 S 60.9 S S 60.9 0.0% -11.1% Roadways S 44.4 S 350 S 11.0 S 46,0 314% 3.6% Buildings S 19.5 S 13.5 S 1.2 S 14.7 9.3% -24.6% Parks & Recreation S 13.2 S 12.0 S 0.5 S 124 3.8% -61% Coastal S 124 S 7.0 S 5.5 S 125 78.3% 0.8% Communications & Technology S 16,2 S Ll S 1.0 S 2.1 85,8% -87.0% Economic & Tourism S 29_6 S 20.2 S 0.2 S 204 Ll% -311% Water & Sewer Utilities S 26.7 S 25.0 S S 25,0 OO~: -64% Storm Water Utility S 13.2 S 7.9 S S 7.9 0.0% -40.2% Total Expenditures: S 2437 S 182.6 S 19_4 S 201.9 10 6'~ -17.2% 18 Mrs. Whitesell cited examples of Transportation Options for consideration: . Do we have the right strategy for transportation? . Do we want to consolidate funding to afew projects? . What should be our local transportation priorities? . Where would we obtain more funding? . April 10th Workshop is on Transportation. Mrs. Whitesell cited the Workshops and Public Hearings: . April 10th Workshop - Transportation Discussion . April 17th Workshop - School Operating & CIP Discussion . April 19th Public Hearing (6 pm at Bayside High School) . April24th Workshop . April 24th Public Hearing (6 pm in Council Chambers) . May 1st Workshop . May 8th Reconciliation Workshop . May 15th Vote on the Resource Management Plan March 27,2007 - 26- Item K RESOLUTIONS/ORDINANCES ITEM #56232 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Resolutions/Ordinances 2,3 (ADOPTED, AS AMENDED), 4,5,6 and 7 of the CONSENT AGENDA Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan *, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Item K.3, (VIRGINIA BEACH NATIONAL GOLF COURSE) was ADOPTED, AS AMENDED, BY CONSENT *Council Lady McClanan VERBALLY ABSTAINED on Item K.4, as she is the owner ofa Dolphin Run Condominium. March 27, 2007 - 27- Item K.J. RESOLUTIONS/ORDINANCES ITEM #56233 The following registered to speak in SUPPORT of the Resolution: Robert D. 0 'Connor, 204 52nd Street, Phone: 428-0902, representing the Citizens Action Coalition, advised real estate taxes produce 31% of the revenue for the City. The burden on homeowners increases yearly. The CAC concurs with capping spending. Walter Erb, 150 Cayunga Road, Phone; 581-4287, representing the Virginia Homesteaders, supported the Homestead Legislation. Information re the Virginia Homesteaders was distributed and is hereby made a part of the record. Mr. Erb distributed SJ 354 (Constitutional amendment; exempting certain homeowners from taxation). Mr. Erb requested City Council study this legislation and resolve to support. Joe Ferrara, 209 Cheltenham Drive, Phone: 498-0650, homeowner in Cheltenham Square, APZ-1. Last year, these residents' assessments increased by double digits. Mr. Ferrara urged adoption of the Resolution (requested by Council Members DeSteph and McClanan) Dr. Roger Gregory, 5008 Lauderdale Avenue, Phone: 363-0267, supportedfunding vital services A MOTION was made by Councilman DeSteph, seconded by Council Lady McClanan to ADOPT: Resolution to DIRECT the City Manager to prepare the City's Annual Budget based upon limited growth in real estate tax revenues (requested by Council Members DeSteph and McClanan) A SUBSTITUTE MOTION was made by Councilman Dyer, seconded by Council Lady Wilson, to DEFER INDEFINITELY: Resolution to DIRECT the City Manager to prepare the City's Annual Budget based upon limited growth in real estate tax revenues (requested by Council Members DeSteph and McClanan) The Deferral would enable the creation of the Blue Ribbon Task Force charged with research means and methods re: Reducing the City's Dependence on the Real Estate Tax as a Revenue Source Councilman DeSteph wished to TABLE this SUBSTITUTE MOTION and bring back the Main Motion. The concept of the Blue Ribbon Task Force is very innovative but does not provide relief until next Fiscal Year. The City Attorney advised the Motion to Table is utilized during any Session involving a crisis or emergency, preventing consideration of the vote at that particular "point in time" and moves the vote to a later "point in time ", usually within this same Session.. The City Attorney was not aware of any interruption in City Council's consideration that would make Councilman DeSteph's motion to Table in Order. Councilman DeSteph wished to make an AMENDMENT to the Substitute Motion, for a two week DEFERRAL of the Resolution, rather than INDEFINITE DEFERRAL. March 27, 2007 - 28 - Item K.J. RESOLUTIONS/ORDINANCES ITEM #56233 (Continued) The City Attorney advised, under the Parliamentary Rules, there can be a MAIN MOTIONJ.lielding to a SUBSTITTUTE MOTION, with no more than two (2) motions on the floor at one time. It is possible to AMEND either of the two (2) motions in a minor manner, as striking and adding words. Councilman DeSteph's motion is a Subsistent Difference. In the City Attorney's opinion, this Motion would be out of order. Upon SUBSTITUTE MOTION by Councilman Dyer, seconded by Council Lady Wilson, City Council DEFERRED INDEFINITELY: Resolution to DIRECT the City Manager to prepare the City's Annual Budget based upon limited growth in real estate tax revenues (requested by Council Members DeSteph and McClanan) Voting: 9-2 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill" DeSteph and Reba S. McClanan Council Members Absent: None March 27, 2007 - 29- Item K.2.a.b. RESOLUTIONS/ORDINANCES ITEM #56234 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution to RENEW annual EMS permits for area private and non-profit organizations: a. Lifeline Ambulance Service, Inc. b. Life Evac of Virginia Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 27, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 A RESOLUTION TO APPROVE ANNUAL EMS PERMITS FOR PROVIDING PRIVATE EMS AMBULANCE SERVICES IN VIRGINIA BEACH TO AMERICAN LIFELINE MEDICAL TRANSPORT AND LIFE EVAC OF VIRGINIA WHEREAS, in accordance with Virginia Code ~ 32.1-111.14, City Code ~ 10.5-2 requires any individual or organization that desires to operate an emergency medical services agency or emergency medical services vehicle in Virginia Beach for emergency transport or non-emergency transport purposes to apply for a permit; and WHEREAS, the City Code requires that City Council approve all such applications; and WHEREAS, applications have been received from American Lifeline Medical Transport and Life EVAC of Virginia; and WHEREAS, these applications have recommended for approval by the Virginia Emergency Medical Services; and been Beach processed Department and of WHEREAS this Council finds the approval of both of these applications is in the best interest of the citizens of Virginia Beach. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Transport providing Beach are the applications of American Lifeline Medical and Life Evac of Virginia for annual EMS permits for private EMS ambulance services in the City of Virginia hereby approved and granted, effective immediately. Adopted by the Council of the City of Virginia Beach, Virginia on the 27th day of March, 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~j,o rk~ Department of Emergency Medical Services ~iC; CA10281 V:\applications\citylawprod\cycom32\Wpdocs\D026\P002\O0028832.DOC R-3 March 20, 2007 - 30 - Item K.3. RESOLUTIONS/ORDINANCES ITEM #56235 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, AS AMENDED: Ordinance to AUTHORIZE the Virginia Beach Development Authority to enter into an agreement with the Virginia Beach Golf Club, LLC, for the management and operation of the VIRGINIA BEACH NATIONAL GOLF COURSE (formerly TPC) in Virginia Beach, Virginia. REVISED Summary of Terms: Payments: (iv) For the first year of this Agreement (April 1, 2007 until March 31.2008) (Apffl 1, 2()()? until December 31, 2(}()7), ,the Operations payment and the Capital Improvement payment shall be abated. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 27, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE REQUESTING THE VIRGINIA BEACH DEVELOPMENT AUTHORITY TO ENTER INTO A MANAGEMENT AGREEMENT WITH VIRGINIA BEACH GOLF CLUB, LLC FOR THE OPERATION OF THE TPC GOLF COURSE WHEREAS, the TPC Golf Course is owned by the Virginia Beach Development Authority ("VBDA"); WHEREAS, the Tournament Players Club of Virginia Beach, L. L. C. ("TPC L. L. C. ") has a contractual obligation to operate the TPC Golf Course through March 31, 2007; and WHEREAS, the City of Virginia Beach issued a Request for Proposal for the management and operation of the TPC Golf Course, and has selected Virginia Beach Golf Club, LLC ("VBGC") to operate and manage the TPC Golf Course. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby requests the VBDA to execute a management agreement between VBGC and the VBDA for the operation of the TPC course consistent with the summary of terms attached hereto. of the March City of Virginia , 2007. Beach, the Council 27th day of Adopted by Virginia on the CA10303 V: \app1 ications\ci ty1awprod\cycom32\WpdocS\D022\P002\ 0003031 O. DOC R-1 March 22, 2007 API'ROV~~ AS TO CONTENT: ~~j~----_. City Manager APPROVED AS TO LEGAL SUFFICIENCY: SUMMARY OF TERMS Term: Initial term of April 1, 2007 through midnight, December 31, 2011 (the initial term). Three two-year renewal optional extensions on mutual agreement of VBDA and VBGC. Payments: (i) A monthly operations payment of five percent (5%) of the gross revenues of VBGC, including all revenues from operation of the restaurant on the Golf Facility (the "Operations Payment"). (ii) A monthly capital maintenance payment to the VBDA of five percent (5%) of gross revenues of VBGC, including all revenues from the operation of the restaurant on the Golf Facility (the "Capital Improvement Payment"). (iii) A profit sharing payment equal to twenty-five percent of all net profit in excess of $100,000.00 (the "Profit Sharing Payment"). This payment shall be made annually. (iv) For the first year of this Agreement (April 1 , 2007 until March 31, 2008), the Operations Payment and the Capital Improvement Payment shall be abated. Course Realignment: During the term of the Agreement, the VBDA shall have the right to realign the course should it deem such action appropriate. - 31 - Item K.4. RESOLUTIONS/ORDINANCES ITEM #56236 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to A UTHORIZE the City Manager to execute a lease of City- owned property with DOLPHIN RUN CONDOMINIUM ASSOCIATION at 3rd Street and Atlantic Avenue re area for overflow parking DISTRICT 6 - BEACH Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Reba S. McClanan Council Members Absent: None Council Lady McClanan VERBALLY ABSTAINED on Item K.4, as she is the owner of a Dolphin Run Condominium March 27, 2007 1 2 3 AN ORDINANCE AUTHORIZING THE 4 CITY MANAGER TO EXEUTE A LEASE 5 FOR LESS THAN FIVE YEARS WITH 6 THE DOLPHIN RUN CONDOMINIUM 7 ASSOCIATION, INC., A VIRGINIA 8 NON-STOCK CORPORATION, FOR 0.09 9 ACRE OF CITY OWNED LAND LOCATED 10 AT 3RD STREET AND ATLANTIC 11 AVENUE 12 13 14 WHEREAS, the City of Virginia Beach (the "City") is 15 the owner of that certain 0.09 acre of land located at 3rd 16 Street and Atlantic Avenue in Virginia Beach, Virginia (the 17 "Premises"); 18 19 WHEREAS, the Dolphin Run Condominium Association, Inc. 20 (the "Dolphin Run Condominiums") would like to enter into a 21 formal lease arrangement with the City for the Premises 22 shown on Exhibit A; 23 24 WHEREAS, the Premises will be utilized as an overflow 25 parking lot for the registered guests of the Dolphin Run 26 Condominiums, and for no other purpose; 27 28 WHEREAS, the Dolphin Run Condominiums has agreed to 29 pay the City $4,320.00 for the use of the Premises for a 30 four month period; 31 32 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 33 THE CITY OF VIRGINIA BEACH, VIRGINIA: 34 35 That the City Manager is hereby authorized to execute 36 a lease for the term of less than five years, between the 37 Dolphin Run Condominium Association, Inc., a Virginia non- 38 stock corporation, and the City of Virginia Beach, for that 39 certain 0.09 acre of City-owned land located at 3rd Street 40 and Atlantic Avenue, Virginia Beach, Virginia in accordance 41 with the Summary of Terms attached hereto and such other 42 terms, conditions or modifications as may be satisfactory 43 to the City Attorney and the City Manager. 44 Adopted by the Council of the City of Virginia Beach, 45 Virginia on the 27th day of March , 2007 CA-I0297 V:lapplicalions\cilylawprod\cyc0m32\ Wpdocs\0009\POO21OOO29583.DOC R-l March 8, 2007 APPROVED AS TO LEGAL SUFFICIENCY AND FORM M%- ~ju ~ . APPROVED AS TO CONTENT Signature ..,.,/ /./ .C'~{1 Signature I /Jf/!J>~n-( ~'L<:~ /~J-I-r.) Hof Department I EXHIBIT "A" TO BE LEASED TO THE DOLPHIN RUN CONDIMINIUM ASSOCIATION BY THE CITY OF VIRGINIA BEACH 0.09 Acres at 3rd Street and Atlantic Avenue - Interstate - Prim.ry Ro.ds - Streets P.rcel . W.ter Bodies N SCAlE 1 : 1.767 A 1""'-""'1 I Ice 0 lce 200 :>00 FEET 10 SUMMARY OF TERMS LEASE FOR THE USE OF .09 ACRE OF CITY REAL PROPERTY LESSOR: City of Virginia Beach LESSEE: Dolphin Run Condominium Association, Inc. PREMISES: Approximately .09 acre of City property located at the corner of 3rd Street and Atlantic Avenue TERM: May 15, 2007 through September 15, 2007 RENT: Rent shall be 54,320, payable either in a lump sum or in equal monthly installments of $1,080.00. RIGHTS AND RESPONSIBILITIES OF DOLPIDN RUN CONDOMINIUM ASSOCIATION, INC.: . Will use the Premises for overflow parking for its guests and for no other purpose. . Will keep, repair, and maintain the Premises at its expense and will do so in a workmanlike manner. . Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City of Virginia Beach as an additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. . Will maintain Automobile Liability Insurance including coverage for non-owned and hired vehicles in an amount not less than five hundred thousand dollars ($500,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Licensee shall provide a certificate evidencing the existence of such insurance. . Will assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. . Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSIBILITIES OF THE CITY: . Will have access to the Premises at any time, without prior notice, in the event of an emergency or public necessity. . Will have the right to require Dolphin Run Condominium Association, Inc. to surrender possession and control of the Premises to the City upon forty-eight (48) hours notice in the discharge of its powers, purposes, or responsibilities. . Will have the right to grant easements and rights of way across the Premises for streets, alleys, public highways, drainage, and other similar purposes. TERMINATION: The City may terminate the Lease upon providing thirty (30) days written notice to Dolphin Run Condominium Association, Inc. THIS LEASE AGREEMENT ("Lease"), made this day of ,2007, by and between the CITY OF VIRGINIA BEACH (GRANTOR/LESSOR), a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "CITY" or "LESSOR," and Dolphin Run Condominium Association, Inc., a Virginia non-stock corporation (GRANTEE/LESSEE), hereinafter referred to as "Lessee." WITNESSETH 1. LEASED PREMISES. That for and in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Lessee to be observed and performed, LESSOR leases to Lessee and Lessee rents from LESSOR the following property, hereinafter referred to as the "Property", delineated as shaded area upon the attached map labeled "Exhibit A" entitled "EXHIBIT "A" TO BE LEASED TO THE DOLPHIN RUN CONDOMINIUM ASSOCIATION BY THE CITY OF VIRGINIA BEACH", reference being made to said Exhibit for a more accurate description thereof. 2. RENT. That for and in consideration of the sum of $4,320.00, payable either in a lump sum or in equal monthly payments of $1,080.00 no later than the 5th of each month, over the term of this Lease (the "Rent"), LESSOR does hereby lease and demise unto Lessee the Property. 3. TERM. The term of this Lease shall be for four months commencing May 15, 2007 and expiring September 15, 2007. 4. USE OF PROPERTY -PURPOSES. Lessee covenants that the Property shall be used solely for overflow parking for guests staying at the Dolphin Run Condominiums. This Lease may be terminated on thirty (30) days notice by LESSOR to Lessee. Lessee shall use the Property only for the purposes listed herein and any other use thereof, unless necessarily incidental to such listed and allowed uses, shall constitute a breach of this Lease and cause its immediate termination. The Property is leased by LESSOR to Lessee "as is," and the sole responsibility for the maintenance and upkeep of the Property shall be with Lessee. 5. ASSIGNMENT AND SUBLEASE. This Lease may not be assigned or transferred, and the Property shall not be sublet, either in whole or in part, by Lessee without LESSOR's prior written consent. 6. TERMINATION AND RIGHT OF ENTRY BY LESSOR. A. In the event that Lessee shall for any reason be in default of the terms of this Lease, the LESSOR may give Lessee written notice of such default by certified mail/return receipt requested at the address set forth in Paragraph 14 of this Lease. Unless otherwise provided, Lessee shall have ten (10) days from the date such notice is mailed in which to cure the default. Upon the occurrence of a default, in addition to all other rights and remedies as provided by law, the LESSOR shall have the right to: (a) terminate this Lease, whereupon Lessee shall quit and surrender the Property to the LESSOR and Lessee shall remain liable for all Rent that may be due up to the time this Lease terminates or the LESSOR takes possession of the Property; (b) reenter and repossess the Property and lock out the Lessee; and (c) cure the breach or default at Lessee's expense. Lessee shall remain liable for all costs, fees and expenses incurred by the LESSOR in curing the default and the same shall be additional Rent payable to LESSOR on demand. 2 B. LESSOR reserves the right at any time, without prior written notice to enter upon the Property after it has been determined that an emergency or a public necessity exists. C. The parties acknowledge that LESSOR has certain powers, purposes and responsibilities. To discharge its powers, purposes or responsibilities, LESSOR shall have the right to require Lessee to immediately dismantle and remove any and all improvements from the Property, within forty- eight hours after notice is given to Lessee. Thereafter, LESSOR shall have the exclusive right to enter upon and use the Property, and Lessee shall surrender possession and control thereof to LESSOR. D. Further, LESSOR reserves the right to terminate this Lease by giving written notice to Lessee at least thirty (30) days prior to the date of termination. All Rent paid in advance shall be refunded. 7. Lessee will keep all equipment and improvements, if any, placed upon the Property by Lessee, in a safe, clean, and orderly condition; be responsible for all activities on the Property that fall under its control; and will act immediately in response to any notices by LESSOR with reference to the forgoing. It is further understood and agreed as part of the consideration hereof, that Lessee shall be responsible for the maintenance and/or repair of the Property arising out of Lessee's use of the Property. Should any maintenance and/or repair work be deemed necessary, then the decision of LESSOR as to the scope of the required work and the amount of such liability shall control and be binding on Lessee. 3 8. LESSOR'S RIGHT TO GRANT EASEMENTS. LESSOR reserves the right to grant easements and rights of way across or upon the Property, for streets, alleys, public highways, drainage, utilities, telephone and telegraph transmissions lines, pipelines, irrigation canals, and similar purposes. 9. INDEMNIFICATION/INSURANCE BY LESSEE. Lessee shall indemnify and save harmless LESSOR and all its officials, agents and employees from and against all losses and expenses incurred because of claims, demands, payments, suits, actions, recoveries, and judgments of every nature and description brought or recovered against them by reason of any injuries to property or person, including death, occurring on the Property, arising out of or in connection with Lessee's use of the Property. During the term of this Lease, Lessee shall obtain and keep in force the following policies of insurance: A) Worker's Compensation Insurance as required under Title 65.2 of the Code of Virginia. B) Commercial General Liability Insurance in an amount not less than one million dollars ($1,000,000) combined single limits (CSL). Such insurance shall name LESSOR as an additional insured. C) Automobile Liability Insurance including coverage for non-owned and hired vehicles in an amount not less than five hundred thousand dollars ($500,000) combined single limits (CSL). All policies of insurance required herein shall be written by insurance companies licensed to conduct the business of insurance in the Commonwealth of Virginia and, acceptable to LESSOR, and shall carry the provision that the insurance will not be canceled or materially modified without thirty days (30) prior 4 written notice to LESSOR. Lessee shall provide a certificate evidencing the existence of such insurance. 10. APPLICABLE LAW. This Lease shall be deemed to be a Virginia Lease and shall be governed as to all matters whether of validity, interpretations, obligations, performance or otherwise exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this Lease shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia. 11. COMPLIANCE WITH ALL LAWS. Lessee shall comply with all laws, rules and regulations of LESSOR and all other governmental authorities respecting the use, operation and activities on the Property, including all applicable environmental laws, and shall not make or be a party to any unlawful, improper or offensive use of such premises or nuisance thereon. City hereby represents to the Lessee, that to the best of the City's knowledge, without the requirement for independent investigation, no hazardous material such as petroleum products, asbestos and any other hazardous or toxic substance has been used, disposed of, or is located on the leased Property or the soil or groundwater on or under the leased Property. Any costs associated with violations of the law including, but not limited to, remediations, clean up costs, fines, administrative or civil penalties or charges, and third party claims imposed on the City by any regulatory agency or by any third party as a result of the noncompliance with federal, state or local environmental laws and regulations or nuisance statutes by the Lessee or by its employees, contractors, consultants, subconsultants, or any other persons, corporations or legal entities retained by it for the leased Property, shall be paid by the Lessee. It is expressly understood and agreed that Lessee, in no way, represents or acts on behalf of LESSOR or any department thereof. 5 12. VENUE. Any and all suits for any claims or for any and every breach or dispute arising out of this Lease shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach. 13. INVALIDITY. If any section, paragraph, subparagraph, sentence, clause or phrase of this Lease shall be declared or judged invalid or unconstitutional, such adjudication shall not affect the other sections, paragraphs, sentences, clauses or phrases. 14. NOTICES. Any notice which may be or is required to be given pursuant to the provisions of this Lease shall be delivered or sent by certified mail, prepaid, return receipt requested, and addressed as follows: If to Lessee, to: DOLPHIN RUN CONDOMINIUM ASSOCIATION, INC. 303 ATLANTIC AVENUE VIRGINIA BEACH, VA 23451 If to LESSOR, to: FACILITIES MANAGEMENT OFFICE 2424 COURTHOUSE, ROOM 228 MUNICIPAL COMPLEX, BUILDING 18 VIRGINIA BEACH, VA 23456 15. ENTIRE AGREEMENT. This Lease contains the entire agreement between the parties hereto and may not be modified orally or in any manner other than an agreement in writing, signed by all the parties hereto and their respective successors in interest. This Lease shall inure to the benefit of and be binding upon the respective heirs, legal representatives, successors, and permitted assigns of the parties hereto. 6 16. SURVIVAL. The representations, warranties, and agreements of the parties contained in this Lease and in all other documents delivered in connection with this Lease shall survive the expiration or sooner termination of this Lease. 17. HOLDOVER. If Lessee fails to surrender the Property on the date that the Term of this Lease expires or terminates, Lessee's continued occupancy shall be deemed to be a tenancy-at-will (and not a tenancy from month-to-month or from year-to-year) cancelable by LESSOR upon 48 hours prior oral or written notice, and such tenancy shall be subject to all of the provisions of this Lease, except that Rent during the holdover tenancy shall be equal to twice the Rent in effect immediately prior to the end of the Term. IN WITNESS WHEREOF, the parties hereto have each caused this Lease to be executed by their proper representatives as of the day and year first above written, pursuant to due authority. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: Ruth Hodges Fraser City Clerk 7 Lessee: DOLPHIN RUN CONDOMINIUM ASSOCATION, INC., a Virginia non-stock corporation By: Name: Title: Facilities Management Office Department of Management Services APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Risk Management 8 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this _ day of ,2007, by , City Manager/Authorized Designee of the City Manager of the City of Virginia Beach, on its behalf. He/She is personally known to me. Notary Public My commission expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this _ day of , 2007, by Ruth Hodges Fraser, City Clerk of the City of Virginia Beach, on its behalf. She is personally known to me. Notary Public My commission expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this _ day of , 2007, by , , Lessee, on its behalf. He/She is personally known to me. Notary Public My commission expires: 9 EXHIBIT "A" TO BE LEASED TO THE DOLPHIN RUN CONDIMINIUM ASSOCIATION BY THE CITY OF VIRGINIA BEACH 0.09 Acres at 3rd Street and Atlantic Avenue - Interstate - Primary Roads - Streets Parcel . Water Bodies N SCALE 1 1,767 ~""""'l I I I 'i:(l !~ V'{', 2OC' ;aDD FEET A 10 EXHIBIT "A" TO BE LEASED TO THE DOLPHIN RUN CONDIMINIUM ASSOCIATION BY THE CITY OF VIRGINIA BEACH 0.09 Acres at 3rd Street and Atlantic Avenue - Interstate -~.~. Primary Roads - Streets Parcel !Ill Water Bodies N SCALE 1 1.767 J!-' - ~ I I tCO Q 100 20J I ,OD A FEET 10 - 32 - Item K.5. RESOLUTIONS/ORDINANCES ITEM #56237 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to A UTHORIZE a temporary encroachment into a portion of City property for RUDEE INLET OWNERS' ASSOCIATION, INC. (AKA RUDEE INLET CONDOMINIUM, a condominium) to construct and maintain boat lifts, piers, a bulkhead, mooring piles and a walkway into a portion of City property known as Lake Rudee DISTRICT 6 -BEACH The following conditions shall be required: 1. The temporary encroachment shall be reconstructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. 2. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 3. The applicant shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachment. 4. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6. The applicant shall obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days' written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. March 27, 2007 - 33 - Item K.5. RESOLUTIONS/ORDINANCES ITEM #56237 7. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-ofway encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 27, 2007 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY PROPERTY 6 KNOWN AS LAKE RUDEE BY THE 7 RUDEE INLET OWNERS' 8 ASSOCIATION, INC., A VIRGINIA 9 NON-STOCK CORPORATION (AKA 10 RUDEE INLET CONDOMINIUM, A 11 CONDOMINIUM) 12 13 WHEREAS, RUDEE INLET OWNERS' ASSOCIATION, INC., a Virginia 14 non-stock corporation (AKA RUDEE INLET CONDOMINIUM, a 15 condominium) desires to reconstruct and maintain boatlifts, 16 piers, a bulkhead, mooring piles, and a walkway into a portion 17 of City property known as Lake Rudee located at the rear of 600- 18 622 Terrace Avenue, Virginia Beach, Virginia. 19 WHEREAS, City Council is authorized pursuant to ~~ 15.2- 20 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 21 authorize temporary encroachments upon the City's property 22 subject to such terms and conditions as Council may prescribe. 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That pursuant to the authority and to the extent thereof 26 contained in ~~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 27 as amended, Rudee Inlet Owners' Association, Inc., a Virginia 28 non-stock corporation (AKA Rudee Inlet Condominium, a 29 condominium), its assigns and successors in title, are 30 authorized to reconstruct and maintain temporary encroachments 31 for boatlifts, piers, a bulkhead, mooring piles, and a walkway 32 in the City's property as shown on the map marked Exhibit "A" 33 and entitled: "ENCROACHMENTS FOR RUDEE INLET OWNERS 34 ASSOCIATION, INC. MB. 148 P. 11 VIRGINIA BEACH, VIRGINIA SCALE 35 I" 40' 25 JANUARY 2007 MADE FOR: RUDEE INLET CONDOMINIUM 36 ASSOCIATION" a copy of which is on file in the Department of 37 Public Works and to which reference is made for a more 38 particular description; and 39 BE IT FURTHER ORDAINED, that the temporary encroachments 40 are expressly subj ect to those terms, conditions and criteria 41 contained in the Agreement between the City of Virginia Beach 42 and RUDEE INLET OWNERS' ASSOCIATION, INC., a Virginia non-stock 43 corporation (AKA RUDEE INLET CONDOMINIUM, a condominium) (the 44 "Agreement"), which is attached hereto and incorporated by 45 reference; and 46 BE IT FURTHER ORDAINED, that the City Manager or his 47 authorized designee is hereby authorized to execute the 48 Agreement; and 49 BE IT FURTHER ORDAINED, that this Ordinance shall not be in 50 effect until such time as RUDEE INLET OWNERS' ASSOCIATION, INC., 51 a Virginia non-stock corporation (AKA RUDEE INLET CONDOMINIUM, a 52 condominium) and the City Manager or his authorized designee 53 execute the Agreement. 54 Adopted by the Council of the City of Virginia Beach, 55 Virginia, on the 27th day of March 2007. CA-10177 X: \OID\REAL ESTATE\Encroachments\PW Ordinances \CA 10177 Rudee Inlet Owners I Association, Ine. doc V: \applications\ci tylawprod\cycom32\Wpdocs \D006\POOl \ 000277 87. DOC R-1 PREPARED: 2/19/07 Y'b ESTATE APPROVED AS TO LEGAL I\fiFIR1~ ~D fRM CIT~ ATTORNEY APPROVED AS TO CONTENTS P PREPARED BY AND RETURN TO VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this ! '1 day of~/)/Li,lIi'i'1 ' 2007, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", RUDEE INLET OWNERS' ASSOCIATION, INC., a Virginia non-stock corporation (AKA RUDEE INLET CONDOMINIUM, a condominium) and ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one, whose address is 604 Terrace Avenue, Virginia Beach, Virginia 23451. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of those certain units or parcels of land designated and described as "UNIT 1 ", "UNIT 2", "UNIT 3", "UNIT 4", "UNIT 5", "UNIT 6", "UNIT 7", "UNIT 8", "UNIT 9", "UNIT 10", "UNIT II", "UNIT 12" as shown on that certain plat entitled: "CONDOMINIUM PLAT OF RUDEE INLET CONDOMINIUM BEING LOTS 12, 13, 14, AND 15 BLOCK 31 SHADOW LAWN HEIGHTS M. B. 7 P.14 VIRGINIA BEACH BOROUGH VIRGINIA BEACH, VA. SCALE 1" = 10' 21 MAY 1981" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 148, at page 10, and being further designated, known, and described as 600,602,604,606,608,610,612,614,616,618,620 and 622 Terrace Avenue, Virginia Beach, Virginia 23451; GPINS: 2427-02-5288 and 2427-01-8282 City Property known as Lake Rudee; 2427 -02-6368-6030, 2427-02-6368-6040, 2427-02-6368-6050, 2427-02-6368-6060, 2427 -02-6368-6070, 2427-02-6368-6080, 2427-02-6368-6090, 2427 -02-6368-6100, 2427-02-6368-6110,2427-02-6368-6120, 2427-02-6368-6130, 2427-02-6368-6140 and 2427-02-6368 WHEREAS, it is proposed by the Grantee to reconstruct and maintain boatlifts, piers, a bulkhead, mooring piles, and a walkway collectively, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in reconstructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of existing City property known as Lake Rudee, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of reconstructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be reconstructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "EXHIBIT "A" ENCROACHMENTS FOR RUDEE INLET OWNERS ASSOCIATION, INC. MB. 148 P. 11 VIRGINIA BEACH, VIRGINIA SCALE I" = 40' 25 JANUARY 2007 MADE FOR: RUDEE INLET CONDOMINIUM ASSOCIATION," a copy of which is attached and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured 3 or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection oflocal or state taxes. IN WITNESS WHEREOF, the said Rudee Inlet Owners' Association, Inc., a Virginia non-stock corporation (aka Rudee Inlet Condominium, a condominium), has caused this Agreement to be executed in its corporate name and on its behalf by its president with due authority to bind the corporation and the Condominium. Further, that the City of Virginia Beach 4 has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk RUDEE INLET OWNERS' ASSOCIATION, INC., a Virginia non-stock corporation (AKA Rudee Inlet Condominium, a condominium) .<"~ I' ~p ident 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2007, by , CITY MANAGER! AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 200_, by RUTH HODGES FRASER, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF VIRGINIA CITY/COUNTY oF\j~V'~~CL(,L.. to-wit: The foregoing instrument was acknowledged before me this \ q day of 6 ~\, . t. ...~ '() , 2007, by Leo Thomas, Jr., President on behalf of Rudee Inlet Owners' Association, Inc., a Virginia non-stock corporation (aka Rudee Inlet Condominium, a condominium). Nota~, ..r~ lic ,'0 tJ ":'...'. ..\\\t\\\\ jll!!..~h/if, ~~\\';.. t1 f.l ,,: ~;'I.i/;.. . ,.-.~~., \. u. l/.s/ ,.. "'~'I/'" ,.~~- '<;'-..9 ~.. . '-,:~'~:.:. ~ /Y{;'~:G~ .~''''~'''''.'' '\~.Oii~.'1t.J-'",,,...(,,,,,, ~:::. ,~',~,~>:...~,~~~''^;'' ~'if...:.~.J'.~~. $' f.!....l,," ,-,:"",) \.......\ . '~~I z:;: ::r :.). ....) '..f ., , . ..., "'1' or;:"~'~' ;oj; .- '1;-: ::-\~ : i '. ' ." ~. lit";; .~... !." ~ ,,;. /#:.' "'!;...~..Pli':'r:l'~\\ \ >......1,.).:. ..~~~ ~. (~r-"-:~! ~~: ;.~....~~:~t\'~~ , . "''';0 1;'" 'I.." ",.;-' i ~'! l~ ".~..:~:t-.,i;.... '" '~i ~~~: . My Commission Expires: \d-6\- 01 APPROVED AS TO CONTENTS ~fff\H e, Claw!.M- SI ATURE \~) \' \ APPROVED AS TO LEGAL S IUCIENCY AND FORM j . f " ' "( ;' I)L ij :J-' JlO Rr llLLd-(~h'~ DEPARTMENT X:\Projects\Encroachments\Applicants\Rudee Inlet Condo Association\Agreement EncroachmentNew.doc 7 - - E 150' RJW) TERRACE pN . \ . rranean Ave. 255' to Medlte _ - N 83000' E 157.93' Pin(F) 89.75' " MLW to MLW " / /. / " 1) " <76'0 ~ 60' Channel as per halfway between~LW's '\ " N 04037' W 46.6' " "- N 43019' ~ 22.5' ~ /- udee Inlet Condominiums MB.148 P.11 4 7-02-6368 b q o o N "- ~E RUDEE" City of ~!rginia Beach DB.43"88 P. 1201 2427 -0~5288 (2427 -01-8~2) '\ u.I b o o t- o (/) tJJ E ::s r::: E o "0 r::: o U,.... Q) "': co > a.. ~ 8~~ ~~~ o ~ '<t "0 ('oj ro .r::: (f) " P{oposed Pier (typ.) " " AREA OF ENCROACHMENT ~~n(F) 80' , 31. S 83000' W ~43019'E 25' Parcel A Va. Beach Marlin Club 2427 -02-9253 -- Proposed Mooring Pile (typ.) EXHIBIT "A" ENCROACHMENTS For RUDEE INLET OWNERS ASSOCIA T10N, INC. MB. 148 P. 11 VIRGINIA BEACH, VIRGINIA Scale 1" = 40' 25 January 2007 Made for: Rudee Inlet Condominium Association :",,',. Bonifant Land Surveys P. O. Box 6385 Virginia Beach, VA 23456 (757) 426-3361 ~ ,',"'1 .,' ~;".~,.. "., \klH~:.I:J""'!::~ ,', ,) EaMrnenIlI C). -0 ~ (J) (J) ~ (') t, "0 - ~ ~ .b~ ~1t~ ~o ~o ?" ~~ <-1$ ~> ~c9~ "0 v 7..e <>c9~ AR OF ENCROAC ENT ----- (\ ENCROACHMENT REQUEST FOR RUDEE INLET CONDOMINIUM ASSOCIATION INTO A PORTION OF RUDEE INLET GPIN 2427-02-5288 (PART OF 2427-01-8282) 2427-02-6368 , 'SCALE:111=501~ ~ - 34 - Item K.6. RESOLUTIONS/ORDINANCES ITEM #56238 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to REVISE the time limitfor individual speakers during Public Comment Session from three (3) minutes to five (5) minutes. Voting: 11-0 (By Consent) Council Members Voting Aye: William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 27, 2007 1 2 3 4 5 6 AN ORDINANCE ADOPTING A PERTAINING TO SPEAKERS AT CITY APPROVING AND REVISED POLICY TIME LIMITS FOR COUNCIL MEETINGS 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 1. That the City Council hereby approves and adopts the 11 revised policy entitled "Time Limits for Speakers at City 12 Council Meetings," dated March 27, 2007, which policy has been 13 exhibited to the City Council and a true copy of which is on 14 file in the City Clerk's Office. 15 16 Adopted by the City Council of Virginia Beach, Virginia on 17 this 27th day of March, 2007. APPROVED AS TO LEGAL SUFFICIENCY: ;??~r City Attorney's Office CA-I0339 v:\applications\citylawprod\cycom32\Wpdocs\D013\P002\00029764.DOC R3 March 20, 2007 City Council Policy Title: Time Limits for Speakers at City Council Meetings Index Number: Date of Adoption: March 11, 2003 Dates of Revisions: September 14, 2004 Page 1 of 2 March 27, 2007 1.0 Purpose and Need The purpose of this policy is to provide reasonable, workable time limits for speakers at City Council meetings. The need for such a policy was determined by the City Council at its retreat on February 18, 2003. The policy is intended to recognize and accommodate the mutual interests of persons desiring to speak at City Council meetings, the value to the City Council of public comment, and the need for the City Council to conduct business in an orderly, expeditious manner. This policy shall not apply to the discussion of agenda items by members of the City Council during City Council meetings or to City Staff members acting in such capacity. 2.0 Time Limits 2.1 Planning Agenda Items (a) Planning Agenda items include rezonings, conditional zonings, conditional use permits, land use plan approvals, code and Comprehensive Plan amendments, nonconforming use resolutions, street closures and any other items for which a public hearing is required pursuant to Chapter 22 of Title 15 of the Virginia Code. (b) The applicant, or representative of the applicant (generally, an attorney, professional engineer or other professional retained by the applicant) shall be allowed ten minutes for his or her initial presentation and an additional three minutes for rebuttal if any opponents of the application have spoken. (1) If there is more than one applicant (as, for example, when both the property owner and proposed developer are applicants) or if the applicant and representative both desire to speak, only one of them shall be allowed to speak for ten minutes. Upon request, however, the presiding officer may allow them to divide their time equally, so long as the total time of their initial presentation does not exceed ten minutes. (2) Speakers addressing the City Council in a representative capacity shall not be allowed additional time in which to speak on his or her own behalf. (c) All other persons speaking in support of the application shall be allowed three minutes, and shall not be entitled to speak in rebuttal of any opposition comments. (d) Opponents of an application shall be allowed three minutes each. In the event the opponents are represented by an attorney, engineer or other professional whose profession includes, as a customary part thereof, appearing before governmental bodies in a representative capacity, such representative shall be allowed ten minutes. In such cases, persons represented shall be encouraged not to provide additional comments. Title: Time Limits for Speakers at City Council Meetings Index Number: Date of Adoption: March n, 2003 Dates of Revisions: September 14, 2004 Page 2 of 2 March 27, 2007 (1) Only one speaker in opposition to the application shall be allowed ten minutes to speak. If there is more than one representative described in subsection (d), only one of them shall be allowed to speak for ten minutes. Upon request, however, the presiding officer may allow them to divide their time equally, so long as the total time of their presentation does not exceed ten minutes. (e) Opponents of an application shall not be entitled to address the City Council in rebuttal of any statements or other material provided to the City Council during the applicant's rebuttal. 2.2. Regular Agenda Items (a) Regular agenda items include all other agenda items at which public comment is allowed. (b) Each speaker, whether or not in a representative capacity, shall be allowed three minutes. 2.3 Comment on Non-Agenda Items (a) Time shall be allotted after the conclusion of the first formal session of each month for non-televised public comments on non-agenda items. (b) Each speaker, whether or not in a representative capacity, shall be allowed three (3) five (5) minutes. (c) At each meeting, up to ten (10) speakers may register to speak on non-agenda items. If more than ten speakers request an opportunity to speak, only the first ten to register with the City Clerk shall be allowed to speak. (d) The pro'.'isions of this subsection shall expire after the conclusion of the first formal session in March 2005. 3.0 Timekeeping; Written Material (a) The City Clerk shall keep time for each speaker in accordance with the provisions of Section 2, and shall verbally notify the speaker and presiding officer at the expiration of the time allowed for each speaker. (b) Written comments or other material may be tendered to the City Clerk by any person desiring to do so. 4.0 Modification of Time Limits (a) The presiding officer, with the consent of the City Council, may extend or reduce any of the time limits set forth in Section 2. (b) The time limits for speakers set forth in Section 2 shall be exclusive of the time taken in responding to questions of members of the City Council. 5.0 Registration of Speakers Any person desiring to address the Council shall register with the City Clerk prior to the opening of the meeting. The inadvertent failure to do so shall not, however, disqualify any person from speaking. 6.0 Public Notice of Policy In accordance with City Code Section 2-41, this policy shall be included on the City's internet web site, posted outside of the City Council Chambers, and published in the City Council agenda for each regular meeting. - 35 - Item K.7.a.b. RESOLUTIONS/ORDINANCES ITEM #56239 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances to ACCEPT and APPROPRIATE: a. $90,000 from the Fund Balance of the General Fund to provide an interest-free loan to the Oceana Volunteer Fire Department re the purchase of a new salvage truck b. $3,000 donated by the GEICO Philanthropic Foundation to the Police Department FY 2006-07 Operating Budget; and ACCEPT a $3,000 donation each year thereafter for two (2) years re the "Every 15 Minutes" teen educational program Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 27, 2007 1 AN ORDINANCE TO APPROPRIATE $90,000 FROM THE 2 FUND BALANCE OF THE GENERAL FUND TO PROVIDE AN 3 INTEREST- FREE LOAN TO THE OCEANA VOLUNTEER 4 FIRE DEPARTMENT FOR THE PURCHASE OF A NEW 5 SALVAGE TRUCK 6 WHEREAS, the Oceana Volunteer Fire Department does not 7 presently have adequate funds to purchase a new salvage truck but 8 has represented that fund-raising efforts will provide sufficient 9 funds to repay an interest-free loan in the amount of $90,000. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 1. That $90,000 is hereby appropriated from the fund balance 15 of the General Fund for an interest-free loan to the Oceana 16 Volunteer Fire Department for the purchase of a salvage truck. 17 18 2. That this loan is to be repaid by the Oceana Volunteer Fire 19 Department over ten (10) years, according to the terms of the 20 attached promissory note. 21 22 3. That the City Manager is hereby authorized to enter into a 23 Memorandum of Understanding with Oceana Fire Department, in a form 24 acceptable to the City Attorney, setting forth the obligations and 25 duties of the parties. 26 27 Requires an affirmative vote by a majority of the members of the 28 City Council. 29 30 Adopted by Virginia, on the the Council of the 27th day of March City of Virginia , 2007. Beach, APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: &~'~e CA10226 v:\applications\citylawprod\cycom32\Wpdocs\D028\P001\OO029004.DOC R-2 March 1, 2007 1 2 3 4 5 6 7 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $3,000 DONATION FROM THE GEICO PHILANTHROPIC FOUNDATION TO THE POLICE DEPARTMENT'S OPERATING BUDGET BEGINNING IN FY 2006-07, AND ACCEPT A $3,000 DONATION EACH YEAR THEREAFTER FOR TWO YEARS TO ASSIST IN FUNDING THE UEVERY 15 MINUTES" PROGRAM 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, The Virginia Beach Police Department's Crime Prevention Unit in coordination with the City of Virginia Beach Public Schools conducts an anti-drinking and driving awareness program called UEvery 15 Minutes." NOW, THEREFORE, BE IT ORDINANED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $3,000 per year is hereby accepted and appropriated from GEICO Philanthropic Foundation to the Police Department's FY 2006- 07 Operating Budget and accepted each year thereafter, for two years for the Police Department's UEvery 15 Minute Program," with donations revenue increased accordingly. Adopted by the Virginia, on the 27 Council of the day of MrJrr.h City of Virginia Beach, , 2007. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: , lftJIYU dt. /1^ City Attorne 's Office CA10206 V;\applications\citylawprod\cycom32\Wpdocs\D022\P001\OO028726.DOC R-3 February 23, 2007 Memorandum of Understanding Between The City of Virginia Beach and The Oceana Volunteer Fire Department. THIS AGREEMENT, made and entered into this 28th day of February 2007, by and between the CITY OF VIRGINIA BEACH, VIRGINIA (CITY) and the Oceana Volunteer Fire Department in accordance with the provisions of Code of Virginia SS 27-15.2 and 27-23.6. WHEREAS each of the parties hereto maintains equipment and personnel for emergency fire and medical services within the City of Virginia Beach; and WHEREAS, the Oceana Volunteer Fire Department desires to provide the CITY with qualified and certified volunteer personnel to augment existing emergency fire and medical services, and WHEREAS, the CITY hereto desires to support the volunteer fire and emergency medical services availability in Virginia Beach by the Oceana Volunteer Fire Department; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a salvage and support response vehicle, the parties enter into the following agreement as defined below: PURPOSE A. To outline the responsibilities that the CITY may assume on behalf of the Oceana Volunteer Fire Department. B. To outline the responsibilities that the Oceana Volunteer Fire Department may assume on behalf of the CITY. C. To outline the mutual obligations of each party should Oceana Volunteer Fire Department disband or otherwise cease to exist. 1 RESPONSIBILITIES OF THE CITY A. Provide a no interest loan to the Oceana Volunteer Fire Department for the purchase of the salvage and support response vehicle. B. Provide all maintenance and inspection services, including payment of the annual maintenance fee, in support of the salvage and support response vehicle through the Division of Automotive Services as long as the vehicle remains a City insured vehicle in the fleet. The city shall maintain all maintenance records and allow Oceana Volunteer Fire Department officers access to those records upon request. The Virginia Beach Fire Department shall be responsible for all breathing air systems maintenance and required air quality testing. C. Provide standardized equipment required for operations within the City including but not limited to mobile communications devices, pagers, and map books. D. Provide or pay for insurance covering emergency service and support vehicles owned by the Oceana Volunteer Fire Department. E. Provide fuel for the salvage and support response vehicle. RESPONSIBILITIES OF THE OCEANA VOLUNTEER FIRE DEPARTMENT A. The Oceana Volunteer Fire Department shall allow only qualified and certified personnel to utilize volunteer-owned or City- owned equipment and facilities as necessary for the day-to-day operation of fire and emergency medical services within the City. B. Oceana Volunteer Fire Department shall repay the loan for the salvage and support response vehicle according to the Promissory Note. Oceana Volunteer Fire Department shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request for extension shall be made to the Fire Chief no less than 30 days prior to the payment due date. C. Items purchased with CITY loans will revert to the CITY in the event the Oceana Volunteer Fire Department defaults on the loan. The CITY may provide a rebate to the Oceana Volunteer Fire Department based on the net difference between the fair market 2 value of the reverted item and the unpaid portion of the loan. An independent, mutually agreed upon third party may determine the fair market value of the item. D. If the salvage and support response vehicle is ever sold, after satisfying all conditions of the loan, the city-owned equipment shall be removed and returned to the City prior to the sale of the vehicle unless prior arrangements have been made to reimburse the City for the fair market value of specified city owned equipment. G. All operation and maintenance of volunteer-owned and City-owned vehicles and equipment shall be in accordance with Virginia Beach Fire Department Standard Operating Procedures as well as City of Virginia Beach Policies and Procedures. REVIEW AND TERMINATION OF AGREEMENT A. This MOD may be reviewed at any time upon the direction of the City Manager. Each party must agree to any subsequent modification in writing. B. Oceana Volunteer Fire Department shall give the CITY a minimum of 30 days notice before executing any corporate dissolution, or permanently withdrawing services from the CITY. C. In the event of a corporate dissolution or withdrawal of service to the CITY, the Oceana Volunteer Fire Department shall identify any and all buildings, equipment and supplies owned by the Oceana Volunteer Fire Department, allowing the CITY to make alternative arrangements to fill any service voids. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA By: James K. Spore, City Manager 3 ATTEST: City Clerk :~ARTMENT,mc. TItle: ~fes.;j e ~ . By: ~r/a,~~ Title: / {!III e~ APPROVED AS TO CONTENT: ,. // . ....-/' ~ 7;{ /.~.?~., L,' /-d--'z..'l.-':"-::rr..-- Virginia Beach Risk Management APPROVED AS TO LEGAL SUFFICIENCY: ~<.4~ Virginia Beach City Arney's Office 4 - 36 - Item L. PLANNING ITEM # 56240 1. SALT MEADOW BAY, L.L.C. 2. THEODORE E. THIEMAN JESSICA XENAKIS and JEREMY DAUGHTRY 3. ARMADAlHOFFLER COMMERCE ASSOCIATES, L.P. / Modification of Proffers WAWA,INC. 4. DA VID PARKER 5. VALUE PLACE REAL ESTATE SERVICES, LLC STREET CLOSURE CONDITIONAL CHANGE OF ZONING VARIANCES - single family home ~5(b) of the Site Plan Ordinance ~4.4(d) of the Subdivision Ordinance CONDITIONAL CHANGE OF ZONING (APPROVED: June 8, 2004) CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT MODIFICATION OF PROFFERS (Approved February 28, 2006) CONDITIONAL USE PERMIT March 27,2007 - 37 - Item V-L. PLANNING ITEM # 56241 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Items 1, 2, 4 and 5 (DEFERRED until May 22,2007) of the PLANNING BY CONSENT AGENDA. Item No.5 (VALUE PLACE REAL ESTATE) was DEFERRED until the City Council Session of May 22, 2007. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Lady McClanan will vote a VERBAL NAY, BY CONSENT, Item L.1a1b (SALT MEADOW) March 27, 2007 - 38 - Item V-L.} PLANNING ITEM # 56242 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinances upon application of SALT MEADOW BAY, L.L.c., re a multifamily structure with eight (8) units at Oakland Avenue and Barberton Drive: discontinuance, closure and abandonment of an unimproved portion of Oakland Avenue to incorporate the land into the adjoining parcels and Conditional Change of Zoning: Ordinance upon application of Salt Meadow Bay, L.L.c. i,n the matter of closing, vacating and discontinuing a portion of that certain street designated and described as "OAKLAND A VENUE (30' RlW)" as shown on that certain plat entitled "STREET CLOSURE P LA T OF A PORTION OF OAKLAND A VENUE VIRGINIA BEACH, VIRGINIA" DISTRICT 6 - BEACH The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlyingfee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include a drainage easement over the entire property for future use as deemed necessary by the City. 3. The applicant shall verify that no private utilities exist within the right-oi-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-oi-way proposedfor closure. Ifprivate utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-oi-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council (March 26, 2008). If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. AND, March 27, 2007 - 39 - Item V-L.l PLANNING ITEM # 56242 (Continued) ORDINANCE UPON APPLICATION OF SALT MEADOW BAY, 1.1.c. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R- 7.5 RESIDENTIAL DISTRICT TO CONDITIONAL A-12 APARTMENT DISTRICT ON PROPERTY LOCATED ON THE EAST SIDE OF BARBERTON DRIVE Z03071275 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Salt Meadow Bay, 1.1.c. for a Chanfle of Zoninfl District Classification from R-7.5 Residential District to Conditional A-12 Apartment District on property located on the east side of Barberton Drive at its intersection with Oakland Avenue (GPIN 2417798677). DISTRICT6-BEACH 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record. These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh of March Two Thousand Seven Voting: 10-1 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, , Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: None March 27, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET DESIGNATED AND DESCRIBED AS "OAKLAND AVENUE (30' R/W)" AS SHOWN ON THAT CERTAIN PLAT ENTITLED "STREET CLOSURE PLAT OF A PORTION OF OAKLAND AVENUE VIRGINIA BEACH, VIRGINIA" WHEREAS, Salt Meadow Bay, L.L.C. a Virginia limited liability company (the "Applicant") applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated, subj ect to certain condi tions having been met on or before one (1) year from City Council's adoption of this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: SECTION I That the closed and vacated, or before one (1) ordinance: hereinafter described street be discontinued, subj ect to certain conditions being met on year from City Council's adoption of this All that certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "OAKLAND AVENUE (30' R/W) " shown as the hatched area containing 14,246 Sq. Ft. on that certain plat entitled: "STREET CLOSURE PLAT OF A PORTION OF OAKLAND AVENUE VIRGINIA BEACH, VIRGINIA" Scale: 1"=60', dated 02/09/05, prepared by MSA, P.C., a copy of which is attached hereto as Exhibit A. GPIN: 2417-79-8677, 2418-80-0499 and 2417-79-7932 1 44 SECTION II 45 46 The following conditions must be met on or before one 47 (1) year from City Council's adoption of this ordinance: 48 49 1. The City Attorney's Office will make the final 50 determination regarding ownership of the underlying fee. The 51 purchase price to be paid to the City shall be determined 52 according to the "Policy Regarding Purchase of City's Interest 53 in Streets Pursuant to Street Closures," approved by City 54 Council. Copies of said policy are available in the Planning 55 Department. 56 57 2. The applicant shall resubdi vide the property and 58 vacate internal lot lines to incorporate the closed area into 59 the adjoining parcels. The resubdivision plat shall be 60 submitted and approved for recordation prior to final street 61 closure approval. Said plat must include a drainage easement 62 over the entire property for future use as deemed necessary by 63 the City of Virginia Beach. 64 65 3. The applicant shall verify that no private 66 utilities exist wi thin the right-of-way proposed for closure. 67 Preliminary comments from the utility companies indicate that 68 there are no private utili ties within the right-of-way proposed 69 for closure. If private utili ties do exist, the applicant shall 70 provide easements satisfactory to the utility companies. 71 72 4. Closure of the right-of-way shall be contingent 73 upon compliance with the above stated conditions wi thin one (1) 74 year of approval by City Council. If all conditions noted above 75 are not in compliance and the final plat is not approved within 76 one (1) year of the City Council vote to close the street, this 77 approval will be considered null and void. 78 79 SECTION III 80 81 1. If the preceding conditions are not fulfilled on 82 or before March 26, 2008, this Ordinance will be deemed null and 83 void without further action by the City Council. 84 85 2. If all conditions are met on or before March 26, 86 2008, the date of final closure is the date the street closure 87 ordinance is recorded by the City Attorney. 88 2 89 3. In the event the City of Virginia Beach has any 90 interest in the underlying fee, the City Manager or his designee 91 is authorized to execute whatever documents, if any, that may be 92 requested to convey such interest, provided said documents are 93 approved by the City Attorney's Office. 94 95 SECTION IV 96 97 A certified copy of this Ordinance shall be filed in 98 the Clerk's Office of the Circuit Court of the City of Virginia 99 Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA 100 BEACH as "Grantor" and SALT MEADOW BAY, L.L.C. as "Grantee." 101 102 Adopted by the Council of the City of Virginia Beach, 103 Virginia, on this ?7th day of March ' 2007. CA-967l V :\applications\citylawprod\cycom3 2\ Wpdocs\D028\POO I \00028992.DOC R-l Date: March 6, 2007 3 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: !JJdA Cf tIJuhJ City Attorney !" V) ~ "i ""'i ~ ~ .. ~ BARBERTON DRIVE (70' R;wJ 361.19' VE (50' R;wJ BARBERTON DR~91.61' ... 00' 30. 10,42' ~ . . ,., Q:) II) ,., Ol ci p .- o 11)_ z O~ ~<\) ~~'3 ~~'X, ~~ <?v.:~~. ~~<\)\~~s-{s ItO'Ol ~ ~ S ~ l....1Q~ ~O~~G~~<\)~~o~'X,' "I'COO ~ 'V SO\) 1 4 3 2 ~ ~ ~ SAL lMEADOW BA Y L.L. C. CPIN: 2417-79-8677 LOTS 1 - 10, BLOCK 5 "BEAN CARDEN" (D.B. 4719, Pc. 1488) (MB. 16, Pc. 53) 5 6 AOJO/NERS CD SAL lMEADOW BA Y L.L. C. CPIN: 2418-80-0689 PARCEL A "SAL T MEADOW BA Y" (/NST. NO. 200302270030085) @ .JOSEPH C. CILLEN CPIN: 2417-79-7932 (LOT 6, BLOCK 4) "BEAN CARDEN" (0.B. 4007, Pc. 390) (MB. 16, Pc. 53) BLOCK 5 7 B 9 ~ CROSS-HATCHED AREA DENOTES PORTION OF OAKLAND STREET TO BE CLOSED. AREA = 14,246 SQ. FT. 6 5 CD ,\0 JERRY F. 30.13' McDONNElL 5 29'00'52" W (0.8. 2~ PC. f'(; J2) fiPlN: 2-117-89-0595 No. 2306 STREET CLOSURE PLAT OF (~;\.-o~~ A PORT/ON OF OAKLAND AVENUE 'D SUR'I/~ VIRGINIA BEACH, VIRGINIA . MSA~P.C. . Landscape Design. Planning Surveying Engineering' Environmental Sciences 5033 ROUSE DRIVE, VlRGINIA BEACH, VA 23#)2-3708 PHONE (757) +90-9264 . FAX (757) +90-063+ SHEET 1 OF 1 PLAT RECORDED IN JOB#96038D ZONED: N/A 1"=60' 2/09/05 OWN BY: KCR SCALE: DATE: M.B. 16, PG. 53 Exhibit A CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6206 DATE: March 12,2007 FROM: Leslie L. Lilley .~ B. Kay WilSOW DEPT: City Attorney DEPT: City Attorney TO: RE: Conditional Zoning Application: Saltmeadow Bay, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on March 27,2007. I have reviewed the subject proffer agreement, dated May 26, 2005 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/als Enclosure cc: Kathleen Hassen This Document Prepared by: Fine, Fine, Legum & Fine. P.A. THIS AGREEMENT made this 26th day of May, 2005 by and between SAL TMEADOW BAY, LLC, Property Owner/Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. W ! TN E ~ ~ E T H: WHEREAS, Property Owner is the owner of certain parcels of property located in the Beach District of the City of Virginia Beach, more particularly described in exhibit "A". WHEREAS, the Grantor initiated a conditional amendment to the zoning map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-7.5 Residential District to Conditional A-36 Apartment District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit different types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map GPIN: 2417-79-8677 Page 1 with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, their successors, personal representatives, assigns, Grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro qUO for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, Grantees, and other successors in interest or title. 1. The project shall be developed substantially as shown on the Exhibits for Conditional Rezoning dated May 26,2005 entitled Osprey Point, Saltmeadow Bay, Boards 1-3 prepared by BTR Architects which has been exhibited to the City of Virginia Beach City Council and is on file with the Department of Planning (hereinafter "Concept Plan"), which plan provides for 2.2 acres of open space. 2. The project shall not exceed the 8 units. 3. The height of the building shall not exceed 60 feet. 4. The exterior design, material, and colors of the condominium building shall adhere to the elevations shown on the exhibit dated May 26, 2005 and entitled "Osprey Point Saltmeadow Bay, Virginia Beach, V A" prepared by BTR Architects, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Elevations"), which materials have been coordinated with the approved design, materials, and colors of the adjacent Saltmeadow Bay Apartment project. The materials will be hardie plank or similar cement fiber siding and shingles, brick on the face of the first floor garage, architectural shingles on the roof, and porch railings of weather resistant vinyl or similar material. 5. The building envelope (exterior walls, roof system and exposed floor at garage level) will be designed in accordance with industry standard, sound reduction construction materials Page 2 and techniques. Installation of these exterior elements will be In accordance with accepted sound reduction construction practices. 6, The Developer shall prepare a deed of easement to the City of Virginia beach for natural open space, acceptable in form and content to the Grantee, over the protected open space of this site that will preserve and protect these valuable resources in perpetuity. 7. Further conditions may be required by the GRANTEE during detailed Site Plan review and administration of applicable City codes by all cognizant city agencies and departments to meet all applicable City code requirements., The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, V irginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that such instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Page 3 Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court ofthe City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. WITNESS the following signatures and seals: GRANTOR: SALTMEADOW BAY LLC ~~fZd;J 'Andrew s.~ ~rJ ~ Michael J. arrett STATE OF VIRGINIA CITY OF VA.8~,4eJJ ; to-wit: Page 4 I, li'!!f!.J/. ~~ , a Notary Public in and for the City and State aforesaid, do hereby certify that An rew S. Fme , whose name IS sIgned to the foregomg mstrument dated the 26th of May, 2005 did personally appear before me in my City and State aforesaid and acknowledge the same to me. GIVEN under my hand and seal this 26th day of Mav. 2005. ~~~~~ My commission expires: I:L/ 3J / / () l' STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, lt~~ ~ r:r~ , a Notary Public in and for the City and State aforesaid, do ereby certIfy that MIchael J. Barrett whose name IS signed to the foregomg instrument dated the 26th of May, 2005, did personally appear before me in my City and State aforesaid and acknowledge the same to me. GIVEN under my hand and seal iliis 2~~~a~~~~J ( otary Publi My commission expires: 1e:L/~) hi f . Page 5 Exhibit "A" Parcell. ALL THOSE certain lots, pieces or parcels ofland together with the buildings and improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lots 1 through 10, inclusive, in Block 5, on a certain plat entitled, "Bean Garden Located near Virginia Beach, Virginia in Princess Anne County", dated June 12, 1944 said plat duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 16 at page 53. It being a portion of the same property conveyed to Salt Meadow Bay, LLC by deed of The Runnymede Corporation dated December 19,2000 and recorded in Deed Book 4340 at page 604 and corrected and re-recorded in Deed Book 4719 at page 1488. Page 6 Conditional Zoning Change from R7.5 to Conditional A-36 - 40- Item V-L.2. PLANNING ITEM # 56243 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED Variances re the creation of a lot for a single-family home at 1428 Campbells Landing Road: S5(b) of the Site Plan Ordinance that requires all newly created lots meet the requirements of the Floodplain Regulations for THEODORE E. THIEMAN and 94.4(d) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for JESSICA XENAKIS and JEREMY DAUGHTRY Application of Theodore E. Thiemanfor a Variance to Section 5B of the Site Plan Ordinance, Floodplain Regulations on property located at 1428 Campbells Landing Road (GPIN 2319707733). DISTRICT 7 - PRINCESS ANNE Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Jessica Xenakis and Jeremy Daughtry. Property located at 1428 Campbells Landing Road (GPIN 2319707733). DISTRICT 7 - PRINCESS ANNE Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 27, 2007 - 41 - Item V-L.3. PLANNING ITEM # 56244 Attorney R. E. Bourdon, Pembroke Office park - Building One, 281 Independence Boulevard, Phone: 499-8971, represented the application Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED Ordinances upon application of ARMADA/HOFFLER COMMERCE ASSOCIATES, L.P. for a Modification of Proffers to reconfigure the parcels for a Conditional Change of Zoning (approved on June 8, 2004) ; and W A W A, INC. for a Conditional Use Permit re gasoline sales with a convenience store ORDINANCE UPON APPLICATION OF ARMADA/HOFFLER COMMERCE ASSOCIATES, L.P. FOR A MODIFICATION OF CONDITIONS FOR A CHANGE OF ZONING Z03071276 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Armada/Hojjler Commerce Associates, L.P. for a Modification of Conditions for a Change of Zoning that was approved by City Council on June 8, 2004, on property located at the southwest intersection of Nimmo Parkway and Princess Anne Road (GPIN 1494632595 - part of). DISTRICT 7 - PRINCESS ANNE The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court AND, ORDINANCE UPON APPLICATION OF WAWA, INC. FOR A CONDITIONAL USE PERMIT FOR GASOLINE SALES IN CONJUNCTION WITH A CONVENIENCE STORE R030834212 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Wawa, Inc. for a Conditional Use Permit for gasoline sales in conjunction with a convenience store on property located at the southwest intersection of Nimmo Parkway and Princess Anne Road (GPIN 1494632595 - part of). DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. The site shall be developed substantially in accordance with the submitted "Conceptual Site Layout and Landscape Plan ofWaWa at Courthouse Center, Princess Anne Road and Nimmo Parkway", prepared by MSA, P.c., dated May 1,2006. Said plan has been exhibited to the City Council and is onfile with the Planning Department. March 27, 2007 - 42- Item V-L.3. PLANNING ITEM # 56244 (Continued) 2. The proposed building and canopy shall be constructed substantially in accordance with the submitted elevations entitled "Proposed WaWa, Princess Anne Road and Nimmo Parkway, Virginia Beach, Virginia ", dated November 4, 2006, and prepared by Lynch Martinez Architects, L.L.c. Said plan has been exhibited to the City Council and is onfile with the Planning Department. 3. The applicant shall submit a photometric plan for review and approval during the detailed site plan review process. + As per the initial recommendations of the Traffic Impact Study, prepared in 2004, signalization of Nimmo Parkway and the entrance to the Judicial Center shall not be granted. 5. The applicant shall provide pedestrian access, in accordance with Section 246 of the City Zoning Ordinance, to the existing shopping center and adjacent out parcels. 6. The applicant shall meet all the requirements of the Certificate of Appropriateness (#01-07) approved by the Historic Review Board. 7. There shall be no signs installed on the windows or doors, canopy supporting poles, or light poles. 8. No outdoor vending machines and/or display of merchandise shall be allowed. 9. Bicycle racks shall be provided near the entrance of the store. These Ordinances shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh of March Two Thousand Seven March 27, 2007 - 43 - Item V-L.3. PLANNING ITEM # 56244 (Continued) Voting: 9-1 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Mayor Meyera E. Oberndorf. John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Abstaining: Vice Mayor Louis R. Jones Council Members Absent: None Vice Mayor Louis Jones DISCLOSED and ABSTAINED and advised of a pending contractual relationship with WA WA, INC., therefore he will not participate in the discussion or vote. March 27, 2007 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6512 DATE: March 16,2007 TO: FROM: Leslie L. Lilley B. Kay WiISO~ DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application: Armada/Hoffler Commerce Associates The above-referenced conditional zoning application is scheduled to be heard by the City Council on March 27, 2007. I have reviewed the subject proffer agreement, dated May 30,2006 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/als Enclosure cc: Kathleen Hassen PREPARED BY: (MB SYl(IS. ROURDON. 1\11 Am:RN & lM. P.L FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS ARMADA/HOFFLER COMMERCE ASSOCIATES, L.P., a Virginia limited partnership TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITI OF VIRGINIA BEACH THIS AGREEMENT, made this 30th day of May, 2006, by and between ARMADA/HOFFLER COMMERCE ASSOCIATES, L.P., a Virginia limited partnership, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain parcel of property located in the Princess .Anne District of the City of Virginia Beach, Virginia, designated as Parcel "A-1" containing approximately 16.473 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference said property hereinafter referred to as the "Property"; and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated June 1, 2003 (hereinafter "2003 Proffers"), to reflect amendments applicable to the land use plan on the Property; and GPIN: 1494-63-2595 (Part of) 1 PREPARED BY: BIB SYl:IS. ROURDON. 51 AI-l[l{N & UVY. P.c. WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed modification of conditions to the zoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Proffer number "2" in the 2003 Proffers is amended to read: The Conceptual Site Plans depict outparcels and illustrate a possible development layout for each. With respect to Outparcels numbered 1, 2, 3 and 4, the possible development layout for each is hereby modified by the "Conceptual Site Layout & Landscape Plan of WAWA AT COURTHOUSE CENTER", dated 05/01/06, prepared by MSA, P.C. (hereinafter referred to as the "Modified Partial Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. In accordance with Section 1304 of the Comprehensive Zoning Ordinance (CZO), a General 2 Certificate of Appropriateness shall be obtained from the Department of Planning prior to development of the Property. The General Certificate of Appropriateness may be issued following review by the Historic Review Board of the architectural style and building materials of the structures, the location, size, number and character of the proposed signage, and the proposed exterior lighting arrangements. A site plan and rendering(s) for any building(s) to be constructed on each outparcel depicted on the Conceptual Site Plans or Modified Partial Conceptual Site Plan must be approved by the Planning Director, prior to the issuance of a building permit. The Planning Director shall determine that each building on an outparcel is appropriately oriented along the principal drive aisles in a manner that promotes a "main street" atmosphere. 2 Proffer number "4" in the 2003 Proffers is amended to read: When the Property is developed, no internally illuminated, building mounted signage will be permitted. With the exception of Outparcel 4 as depicted on the "Modified Partial Conceptual Site Plan", all outparcels depicted on the Modified Partial Conceptual Site Plan and those outparcels depicted on the original "Conceptual Site Plan", which outparcels are not being modified herein, shall be restricted to building mounted signs only. The only eestanding signage permitted on the Property, shall be one along the frontage of Ferrell Parkway/Princess Anne Road, one along the frontage of Nimmo Parkway, and one displaying gas prices upon Outparcel #4. ?7 Proffer numbered "5" in the 2003 Proffers is amended to read: The following ses shall not be permitted on the Property: automobile repair facilities, bingo halls, car ash facilities, flea markets, heliports and helistops, mini-warehouses, motor home sales d motor vehicle sales and rentals. In addition, on Outparcels designated "I" and "2" on e Modified Partial Conceptual Site Plan, no drive-thru associated with a restaurant shall e permitted. On the Outparcel designated "3", a drive-thru use shall be permitted, provided e drive-thru pick-up window is located on the north side of the building and the drive- hru is not used in conjunction with a Quick Service Restaurant. k ,$. When any outparcel on that portion of the Property depicted on the Modified Partial Conceptual Site Plan is developed, the "Central Plaza Feature" shall be created substantially as shown on the exhibit entitled "Conceptual View of Courthouse Marketplace PREPARED BY Plaza" dated 5/31/06, prepared by HBA, which has been exhibited to the Virginia Beach City m SYHS. ~OUImON. ouncil and is on file with the Virginia Beach Department of Planning (hereinafter "Central M AH~IU.) &. UVY. P.c. Plaza Exhibit"). 3 PREPARED BY: 11m syn:s. ROURDON. mil AHrRN & UVY. P.c. '; /- All of the terms, conditions, covenants, servitudes and agreements set forth in the 2003 Proffers recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument # 200407120106393, save and except, Proffers 2 and 5, as specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heirs, personal representatives, assigns, tenants, and other successors in interest or title. The Grantor further covenants and agrees that: All references hereinabove to the B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied y written instrument recorded in the Clerk's Office of the Circuit Court of the City of irginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such 4 conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. PREPARED BV, I!3t3 SYns. ROURDON. m AJ~mN & LrVy. P.c. 5 PFEPARED BY: ~ SYm. ROUlIDON. .. AIIrnN & UVY. P.c. WITNESS the following signature and seal: . ; , ~ ~ r f j i l ~ ~ i 1 l I ~ ~ I j I l. ! 5 I ! I i i . ! ~ i ! l I ! Grantor: Armada/Hoffler Commerce Associates, L.P., a Virginia limited partnership By: Armada Hoffler Commerce Associates, Inc., General Partner By: yJ_____ (SEAL) - Louis S. Haddad, Vice President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: . a; (! The foregoing instrument was acknowledged before me this L day of (LJ.AA-.II...- 2006, by Louis S. Haddad, Vice President of Armada Hoffler Commerce Associa~ General Partner of Armada/Homer Commerce Associates; L.P., Grantor. r, C..' Notary Public My Col11mi~ion Expires: ;2. - J!1.tJi?' 6 PREPARED BY: lSB SYlCfS. nmJRDON. pttII Am:RN & liVY. P.c. EXHIBIT "A" ALL THAT certain lot, piece or parcel ofland with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel A-l, as shown on that certain plat entitled, "SUBDIVISION PLAT OF PARCEL A COURTHOUSE MARKETPLACE, Virginia Beach, Virginia", prepared by Engineering Services, Inc., dated 9/14/05, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument # 20060202000188730. GPIN: 1494-63-2595 (Part of) ModConditionsl Annada.HofflerCommerceAssociates/proffer 7 - 44- Item V.IA. PLANNING ITEM # 56245 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of DA VID PARKER for a Conditional Use Permit re a bulk storage yard ORDINANCE UPON APPLICATION OF DAVID PARKER FOR A CONDITIONAL USE PERMIT FORA BULK STORAGE YARD BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of David Parker for a Conditional Use Permit for a bulk storage yard on property located at 1228 Jensen Drive (GPIN 24173267690002). DISTRICT 6 - BEACH The following conditions shall be required: 1. A site plan depicting the overall design and layout of the bulk storage yard shall be submitted within sixty (60) days to the Planning Department/Development Services Center for review and approval. Water quality and quantity measures shall be depicted on the plan. 2. The equipment storage yard shall be enclosed with Category VI and Category II screening, as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach. 3. The equipment storage yard may be gravel, provided water quality andfire safety measures are implemented, and approved by the Planning Department and Fire Department. Evidence shall also be provided demonstrating that the current foundation / gravel adequately supports material stored on site. These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh of March Two Thousand Seven March 27, 2007 - 45 - Item v'IA. PLANNING ITEM # 56245 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 27, 2007 - 46- Item V.1.5. PLANNING ITEM # 56246 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED until the City Council Session of May 22, 2007, Ordinances upon application of VALUE PLACE REAL ESTATE SERVICES, LLe. for a Modification of Proffers to allow a change of use from an office/warehouse facility to the development of a hotel (approved on February 28, 2006) and a Conditional Use Permit for a hotel: ORDINANCE UPON APPLICATION OF VALUE PLACE REAL ESTATE SERVICES, L.L.C FOR A MODIFICATION OF PROFFERS Ordinance upon application of Value Place Real Estate Services, L.L.C for a Modification of Proffers approved by City Council on February 28, 2006. Property is located at 1357 Diamond Springs Road (GPIN 1469009994). DISTRICT 4 - BA YSIDE AND, ORDINANCE APPLICATION OF VALUE PLACE REAL ESTATE SERVICES, L.L.C FOR A CONDITIONAL USE PERMIT FOR A HOTEL Ordinance Application of Value Place Real Estate Services, L.L.Cfor a Conditional Use Permit for a hotel on property located at 1357 Diamond Springs Road (GPIN 1469009994). DISTRICT 4 - BAYSIDE Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 27, 2007 - 47- Item v.P.J. APPOINTMENTS ITEM # 56247 BY CONSENSUS, City Council RESCHEDULED: HEALTH SERVICES ADVISORY BOARD March 27, 2007 - 48- Item V-Q. ADJOURNMENT ITEM # 52648 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:14P.M. -------------------------------- Beverly 0. Hooks, CMC Chief Deputy City Clerk --------------------------------- uth Hodges Fraser, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia March 27, 2007